PUNJAB AND SINDH BANK LTD Vs. JAGDISH LAL

JUDGEMENT

(1.) THE decree-holder Bank has filed this appeal against the order of the executing Court consigning to the record room its execution application fully satisfied.

(2.) SHRI Mittal, the learned counsel for the respondent-judgment-debtors, had taken the preliminary objection on the last hearing that the appeal has not been filed by a person duly authorised in that behalf by the appellant-Bank. This objection has necessitated on adjournment as Shri Awasthy, the learned counsel for the decree-holder Bank, wanted to get instructions from his clients. He has today placed on record the copy of a resolution dated 10-1-1969 passed by the Executive Board of the appellant-Bank specifically auhtorising Shri Inder Singh, the Manager of their Ludhiana Branch to file an appeal in this case. The general power of attorney executed by the Directors of the Bank in favour of the Secretary has also been placed on record. By virtue of their powers under the Articles of Associations, the Directors may appear to have authorized the Executive Board to take decisions in such matters. The authorisation in favour of the Secretary was made by the Executive Board on behalf of the Directors. The Secretary had in turn appointed Shri Inder Singh, the Branch Manager at Ludhiana, to take and use all lawful proceedings and means for the recovery and realisation of such debts and advances. He was authorised by this general power of attorney to commence, prosecute and defend at large all sections, suits, claims, etc. etc. He had also been authorised to adjust, settle, and compromise all such proceedings and claims etc. Art. 91 of the Memorandum and Articles of Associations of the appellant-Bank authorises such delegation of powers by the Directors to an Executive Board. The said Board had authorised the Manager of the Ludhiana Branch of the Bank to file this appeal by a specific resolution.

(3.) A similar objection had been taken by the respondents in the trial Court. The case, had, however, been compromised before that objection could be decided. The filing of this appeal by the Branch Manager at Ludhiana has been specifically authorised by resolution dated 10-1-1969 of the Executive Board. The Articles of Associations provided that the Directors can delegate their powers to the Executive Board from time to time. I, therefore, find no force in the preliminary objection raised by Shri Mittal. This objection is accordingly negatived.