ADHUNIK YARNS LTD Vs. GUJARAT ELECTRIC BOARD

JUDGEMENT

(1.) RULE. Mr. S. N. Sinha, learned Advocate waives service of rule on behalf of the respondent. With consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(2.) BY way of this petition under the Article 227 of the Constitution of India, the petitioner original plaintiff has prayed for an appropriate Writ, direction and/or order passed by the learned trial Court passed below Exh. 199 in Special Civil Suit No. 198 of 1994 by which the application submitted by the petitioner to produce authorization letter issued by the Company authorizing the petitioner to file the suit and to give evidence in the Suit is rejected.

(3.) CONSIDERING the the fact that even in the cross-examination of the plaintiff it is specifically mentioned by the plaintiff and the person who has deposed and/or who has filed the suit that the Company has given him authority to file the suit and to give evidence and same is produced. However, it appears that through over-sight and/or by mistake authorization letter was not placed on record. It appears that it is not the case that there was no authorization letter at all. It appears that by mistake and/or thorough over-sight said authorization letter was not placed on record. Under the circumstances when subsequently impugned application was submitted to place on record authorization letter issued by the Company authorizing the person who has filed the suit and who has deposed on behalf of the plaintiff, the learned trial Court ought to have allowed the same.