GUPTA ESTATE PRIVATE LIMITED Vs. RAMESH KUMAR

JUDGEMENT

(1.) Plaintiff by this application under Order VI Rule 17 Civil Procedure Code seeks to amend the plaint. The amendment sought relates to the aspect of authorization for institution of the suit. Chaudhary Amarjit Singh at the outset makes an oral prayer for being permitted to correct the date of Resolution mentioned in para 5 of the application. The date according to him is 22.10.1995 and not 2.11.1995. Learned counsel for the defendant has no objection to the same. Prayer is allowed. Let the correction be carried out in the application.

(2.) Reference to the resolution dated 19.1.1999 is sought to be made to claim that the Managing Director, Mr. Ramesh Gupta had been given further powers to institute the suit. Additionally, reliance is sought to be placed on an earlier resolution dated 22.10.1995, in favour of Mr. Ramesh Gupta, which provided him the authority to institute suits on behalf of the plaintiff company.

(3.) The present suit had been instituted by the plaintiff relying on a resolution of the Board of Directors dated 27.10.1995, in terms of which, Mr. Ramesh Gupta earlier known as Brij Bihari Gupta was authorized to institute a suit against Mr. Ramesh Gupta. Learned counsel for the plaintiff urges that it was an inadvertent error as the suit had to be instituted against Mr. Ramesh Kumar @ Ramesh Chander and not Ramesh Gupta. Another objection taken is that suit had not only been instituted against Mr Ramesh Kumar, but had been instituted against 11 other defendants, for which there was no authorization.