LAWS(BOM)-2022-7-50

VEENA BAIGIRI GOSWAMI Vs. PRESCON HOME PVT. LTD.

Decided On July 11, 2022
Veena Baigiri Goswami Appellant
V/S
Prescon Home Pvt. Ltd. Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mr. Agha, learned Counsel for respondent no. 1 and Mr. Lawande, learned Counsel for respondent nos. 5 to 8, 10 and 11, waive service on behalf of the respective respondents. Heard finally by consent of parties.

(2.) The only question that arises for consideration is, whether, the Trial Court was justified in permitting, the power of attorney holder of the petitioner-plaintiff, to withdraw the Commercial Suit No. 28/2021/A [Special Civil Suit No. 9/2021/B(old)], without notice to the petitioner-plaintiff.

(3.) Briefly stated, the facts of the case are that, the petitioner appointed Mr. Sanjay Vithu Barde, as her power of attorney holder, vide instrument dtd. 16/4/2021, to do the following deeds, acts and things on her behalf, as if done by her personally; namely;