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2019 Supreme(SC) 228

D.Y.CHANDRACHUD, HEMANT GUPTA
Varun Pahwa – Appellant
Versus
Renu Chaudhary – Respondent


Advocates Appeared:
For the Appellant :Mr. Avinash Kr. Lakhanpal, Advocate
For the Respondent:Mr. Naushad Ahmed Khan, Advocate and V. Elanchezhiyan, Advocate.

JUDGMENT

Hemant Gupta, J.

Leave granted.

2. The Order dated 20.08.2018 passed by the High Court of Delhi is subject matter of challenge in the present appeal. By the aforesaid order, a petition against an order passed by the learned trial court on 23.01.2018 seeking permission to amend the plaint was dismissed.

3. The appellant as Director of Siddharth Garments Pvt. Ltd. filed a suit for recovery of Rs. 25,00,000/- along with pendente lite and future interest on or about 28.05.2016. The Plaintiff has claimed the said amount advanced as loan of Rs. 25,00,000/- remitted to the defendant through RTGS on 16.06.2013 on HDFC Bank, Delhi. It is also averred that Plaintiff has given Special Power of Attorney to Shri Navneet Gupta and that a copy of the Power of Attorney is enclosed.

4. The defendant raised one of the preliminary objections in the written statement that suit has not been filed by the Plaintiff and even the alleged authorised representative has not filed any document showing that he has been authorised by the above-named Plaintiff. The Special Power of Attorney is neither valid nor admissible.

5. It was on 29.11.2016, Navneet Gupta appeared in Court as power of attorney of the Pla
























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