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2019 Supreme(Cal) 22

SHEKHAR B.SARAF
MSC MEDITERRANEAN SHIPPING COMPANY SA – Appellant
Versus
BRG IRON AND STEEL COMPANY PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
K. Thakkar, Adv., Avinash Kankani, Adv., Anurag Bagaria, Adv., Reetabrata Mitra, Adv., Rupak Ghosh, Adv., Chayan Gupta, Adv., Debayan Sen, Adv., Amitabrata Roy, Adv., Bhaskar Prasad Banerjee, Adv.

JUDGMENT :

SHEKHAR B. SARAF, J.

1. This is a suit, which is ready for the hearing of final arguments. An application for dismissal of the suit under Order VII Rule 11 has been filed by the defendants, being G.A. No. 6 of 2019, and a preliminary argument with respect to maintainability of the suit has been put forth. Thus, leave was given to the parties to make their submissions regarding maintainability of the suit and the decision on this preliminary point has been rendered here in.

2. Mr. Mitra, counsel for the defendant had argued that under Order XXIX Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”], a pleading must be signed and verified on behalf of a corporation by the secretary, director, or any other principal offer who is able to depose as to the facts of the case. He submitted that in the present suit, the plaint has been verified by a Mr. Amit Sen, who has stated that he is the “constituted attorney” of plaintiff No. 1 and the “Senior Manager and authorized representative” of plaintiff No. 2. The counsel submitted that Mr. Amit Sen did not fall into any of the categories of persons specified in Order XXIX Rule 1 and, thus, could not have verif



















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