Only private limited company through its POA holder would be plaintiff
2) money should be collected in name of company
Whether power is enough and valid
Sirs, A Private Limited Company took a substantial amount from Mr Ramesh and gave to Mr XYZ but XYZ failed in completing contract and agreed to refund amount to the Company But now Mr. XYZ hesitates to return Money to the Company since last two years So company intends to file Money Recover Suit and give Money to Mr Ramesh Formalities completed as under :- Company Passed Resolution that it intends to initiate legal actions against Mr XYZ through its Direcor Mr ABC through POA Holder namely Mr Ramesh Company passed other resolution and authorised Mr ABC (director) to initiate and look after the recovery work through Mr Ramesh by giving him specific power of attorney Company passed third resolution that Mr ABC will appoint Mr. Ramesh as specific power of attorney holder of the company to initiate legal actions against Mr XYZ and collect all Monies from Mr. XYZ in his own (Remesh’s own) name . In suit in Plaint also this is mentioned that the POA holder of the Pvt Ltd. Company is authorised to file civil cases against Mr XYZ and collect Money in his own name on behalf of the Pvt Ltd. Co. The Director Mr ABC executed POA for and on behalf of the said Pvt Ltd. Company under seal and signature of the Company and notarized the same and delegated Power to file cases and collect Money in his own name Note :- Actually all Monies belong to Mr Ramesh POA Holder and hence such arrangement Question 1 Whether all directors of the Pvt Limited Company are necessarily be made as Co-Plaintiffs or M/s. PVT LTD. Company through its POA Holder Mr Ramesh having address at ………. is enough Question 2 Is it enough for Mr Ramesh to collect Money in his own name being POA Holder on behalf of the Company PLEASE GUIDE HARIOM
Asked 5 years ago in Civil Law
20 Answers
Only POA is enough. It will be collected by company not poa.
1. Only the Company alone is to be made as Plaintiff in the suit to be represented by the Director or its employee.
2. In other words the POA holder will have to be an employee of the Company and a third party stranger ca not represent the company even f he holds the POA.
3. So if Ramesh is an employee he can hold the POA and proceed with the suit.
Mr Ramesh is the POA holder so you can make him the party. Ramesh has no power to collect money in his own name because he is authorised by a registered POA to work on behalf of the company. hence all money must be collected in the name of company.
1. Company shall be plaintiff through POA ramesh directors need not to be made as party.
2.Yes if POA is there based on same on decree Mr. Ramesh can receive amount on behalf of the company from court.
1. Only company through Mr.Ramesh.
2. Enough for Mr. Ramesh .
Hi,
All the directors are not required to be made co-plaintiff and M/s. PVT LTD. Company through its POA Holder Mr Ramesh having address at ………. will serve the purpose. Mr Ramesh may collect the money on behalf of the company not in his name but in the name of company. If the company passes, resolution that Mr Ramesh can collect the money on his name.
1. company alone can be the Plaintiff. Company can act through its authorised representative appointed under a company resolution
2. if Ramesh is so authorised by company, then Yes!
M/s. PVT LTD. through POA holder
Yes.
Ramesh is the POA holder company can make him party.
company passed resolution , Ramesh can receive amount on behalf of the company from court.
Sirs In the case M/s. PVT LTD. Company through its POA Holder Mr Ramesh having address at ………. Whether Mr Ramesh can file Affidavit required for supporting Plaint in civil money recovery suit please guide HARIOM
Asked 5 years ago
In the case M/s. PVT LTD. Company through its POA Holder Mr Ramesh having address at ……….
Yes Mr. Ramesh shall only file affidavit for the company.
Ramesh as POA holder can file affidavit for and on behalf of company
Yes he can file affidavit. He will be the authoised representative of the company having board resolution to file the same on behalf of company
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M/s. PVT LTD. Company through its POA Holder Mr Ramesh having address at …
……. will be enoughfor filing the plaint
- yes it will be enough that Mr. Ramesh can take the money on behalf of company on his name as there is a Special power of attorney issued on name of Mr. Ramesh for collecting money on behalf of company on his name.
- yes he have to file affidavit along with the plaint for supporting his claim as POA holder
When Mr Ramesh will be plaintiff in the manner as has been stated then there is no need for separate affidavit.
The company represented through its Power agent would be sufficient, there is no necessity for the names of the directors of the company to be mentioned as plaintiffs.
2. Please remember that Ramesh is just a power agent of the company till the end even though he may be authorised to collect the money on behalf of the company.
He can very well file a money recovery suit after taht also in case the company is defaulting in repayment of loan provided there is no separate agreement between them in this regard.
Being the company's representative and he had been authorised by the company to let in evidence in the form of an affidavit, he can very well proceed.
Sometimes the opposite advocate may object to this, but since it is a company and Ramesh being a company's director or a manager who is in the knowledge of the company's transactions with the borrower, he may very well be allowed to let in evidence, please make sure that the company, in its POA deed, makes a mention that Mr. Ramesh is somewhere related to the company as a manager or a director etc..
- As per the information mentioned in the present query, makes it clear that the money was taken from Ramesh and then given to third party and now when the third party is not returning the money, company has filed a suit for recovery by giving POA to Ramesh.
- Now, one thing is to be understood as to whether is there any agreement between the parties ( all three or specifically between company and Ramesh) as if yes, then it should be legal to do so for Ramesh.
- But, not then Ramesh should ask the other important members to become the member of the suit and get his name removed as he is not at all connected to the third party and they might try to get the suit dismissed in the ground of wrong Joginder of the party.
- As per the information mentioned in the present query, makes it clear that the money was taken from Ramesh and then given to third party and now when the third party is not returning the money, company has filed a suit for recovery by giving POA to Ramesh.
- Now, one thing is to be understood as to whether is there any agreement between the parties ( all three or specifically between company and Ramesh) as if yes, then it should be legal to do so for Ramesh.
- But, not then Ramesh should ask the other important members to become the member of the suit and get his name removed as he is not at all connected to the third party and they might try to get the suit dismissed in the ground of wrong Joginder of the party.