MAJA PERSONAL CARE Vs. PRISHA TUBES PVT LTD

JUDGEMENT

(1.) The petitioner is the defendant in the civil suit (CS No.55897/2016) which was instituted by the respondent (plaintiff) on 28.02.2012 seeking recovery of Rs.4,87,731/-. It (defendant) is aggrieved by the order dated 17.10.2016 of the trial court whereby the application of the plaintiff under Order XVIII Rule 17-A read with Section 151 of the Code of Civil Procedure, 1908 (CPC) was allowed and consequently Dheeraj Arora (PW-1) stands recalled for further examination primarily to bring on record a board resolution authorizing the said person to institute the suit for and on behalf of the plaintiff company.

(2.) It is not disputed that the suit was presented by Dheeraj Arora, describing himself as the director of the plaintiff company, being well conversant with the facts and competent to depose on its own behalf, such averments having been made in the affidavit filed with the plaint, there being no averments whatsoever in the plaint with regard to the status of the plaintiff.

(3.) Be that as it may, the suit having been instituted invoking the summary procedure under Order XXXVII CPC, the defendant after putting in appearance moved an application for leave to contest. A specific ground was taken that the plaint was not maintainable as it has not been signed by a person duly authorized to sign or verify the plaint, no document to prove the authority of Mr. Dheeraj Arora having been submitted. The leave to contest was granted and in the written statement the said objections were reiterated.