Legal Question in Civil Litigation in
we filed a case under sec.138 of Negitiable instrument Act, for dishounor of cheque but on technical ground our case is disposed off. the ground was that we did not filed resolution giving authority to Managing director of company to Execute Power of Attorney.
Can we file appeal in DRT. or In High Court will we get money recovery.
2 Answers from Attorneys
you will hv to file an appeal before the high court along with an application to seek permission to file board resolution now. The supreme court in 2005 SCC has held that not filing of board resolution is not fatal to the complaint, The board resolution may be filed at any stage.
Instead of appeal in DRT or HIGH COURT, you may be entitled to pursue your remedy for recovery by filing a suit in civil courts. 138 is not a substitute of civil suit for recovery.
Related Questions & Answers
-
If a salesman runs away with the cheques and instrument (mobiles) of his employer... Asked 10/15/10, 4:51 am in India General Civil Litigation
-
Can a son gift his flat to his father in India under Gift Deed laws? Asked 10/14/10, 4:37 am in India General Civil Litigation
-
Is there a time limit till when a partition deed can be rectified? or can it be... Asked 10/12/10, 12:24 pm in India General Civil Litigation
-
Our's is a Public Limited Company limited by shares. We are having a plot of... Asked 10/10/10, 4:46 am in India General Civil Litigation
-
30 saal se mere pitaji mere dadi ke ghar se alag rah rahe hai.usi dauran mere dadaji... Asked 10/10/10, 2:54 am in India General Civil Litigation
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
