SUBHIKSHA TRADING SERVICES LTD. Vs. MR. AZIM PREMJI

JUDGEMENT

(1.) The present suit has been filed by the Plaintiffs against the Defendant alleging defamation by the Defendant. Plaintiff No. 1 is a Company named Subhiksha Trading Services Ltd. and Plaintiff No.2 Mr. R. Subramanian is the Promoter and Managing Director of Plaintiff No.1. The Plaint was verified by Plaintiff No.2. In paragraph 38 of the Plaint, Plaintiff No.2 has stated that he has signed and verified the Plaint as the Promoter and Managing Director of Plaintiff No.1. However, there is no reference to Plaintiff No.2 being authorized on behalf of Plaintiff No.1 to file the suit.

(2.) In the Defendant's Written Statement, the Defendant challenged the maintainability of the suit, inter alia, on the ground that Plaintiff No.2 had no authority to file the suit on behalf of Plaintiff No.1 and further that under the Articles of Association of Plaintiff No.1, any resolution for commencement or discontinuance of any litigation as set out therein required the consent of at least one Director nominated by the VC Investor (i.e. ICICI Trusteeship Services Ltd.) or the VC Investor itself. It was further submitted that there was no board resolution authorizing Plaintiff No.2 to file the present suit on behalf of Plaintiff No.1. In view thereof, by an order dated 14th March 2014, this Court (Mrs. R.S. Dalvi, J. as she then was) framed issues in the suit , including Issue No.3, which reads as under:-

(3.) In response to the Defendant's contention in the Written Statement and the issue framed in that regard, Plaintiff No.2 filed an Affidavit of Evidence notarized on 9th April 2014 claiming to be authorized to deal with all legal matters in respect of the company pursuant to a resolution passed in a board meeting held on 9th April 2000.