F.S.GILL
NATIONAL AND GRINDAY BANK – Appellant
Versus
RADIO ELECTRONICS CORPORATION P. LIMITED – Respondent
( 1 ) IN his statement Sh. Udayan Bose, Public Witness. I. wanted to prove, Power of Attorney, dt. 3. 11. 62 executed by two officers of the plaintiff company (The National and Grindlays Bank Limited) in favour of Mr. John Herbert Keeble. This power of attorney had been duly authenticated by a Notary Public in London. An objection has been raised on behalf of the defendants that unless and until the resolution of the Board of Directors authorising the said officers of the Company to execute the general power of attorney in favour of Mr. Keeble is proved, the locus standi and power of those officers to act on behalf of the Company cannot be established. It is accordingly submitted that the said document can only be marked for the purposes of identification and cannot be exhibited for being read in evidence.
( 2 ) IN answer, Shri Rajiv Sawhney, the learned counsel for the plaintiff Company, has combated this objection and has relied on Section 85 of the Indian Evidence Act. He has submitted that under this provision a power of attorney, after authentication, is not only admissible in evidence but also raises a legal presumption about its due execution. It is further canvass
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