KAISAR JAHAN Vs. PASHUPATI COLONIZER PRIVATE LIMITED

JUDGEMENT

(1.) Heard Sri Tejasvi Misra, learned counsel for the revisionists-defendants and Sri Atul Dayal, learned senior counsel assisted by Sri Hanuman Kinkar, learned counsel for the respondent-plaintiff.

(2.) So far as maintainability of suit is concerned, he submitted that respondent-plaintiff is a Private Limited Company, therefore, to initiate any legal proceeding, resolution of Board of Director of Company is necessarily required. In the cross examination, Director of the Company, namely, Sri Awadhesh Kumar Srivastava, who has filed SCC Suit has accepted that he has not filed any resolution of Company as it was not required. There is no meeting of Board of Directors before filing the case. He next submitted that once there is no resolution, an individual Director cannot file SCC Suit for eviction against the revisionists-defendants. In support of his contention, he has placed reliance upon the judgement of Apex Court in the matter of M/s. Dale and Carrington Invt. (P) Ltd. and Another Vs. P.K. Prathapan and others; 2005 0 AIR (SC), in which Apex Court has observed that individual Director has no power to act on behalf of the Company.

(3.) Learned counsel for the revisionists-defendants submitted that it is a question of law, which goes to the root of the case, therefore, it can be raised at any stage of proceeding. In support of his contention, he placed reliance upon the judgement of Apex Court in the matter of Shri Saurav Jain and Another Vs. M/s A.B.P. Design and Another passed in Civil Appeal No. 4448 of 2021 arising out of SLP (C) No. 29868 of 2018.