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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Siva Alternative Power and Energy Projects Limited, represented by its Authorised Signatory, S.Arun Kumar – Appellant
Versus
Kalaiselvan – Respondent
ORDER :
N.SENTHILKUMAR, J.
The present Civil Revision Petition has been filed to strike out the plaint in O.S.No.86 of 2022 on the file of the District Munsif Court, Valliyoor, Thirunelveli District.
2.Heard Mr.S.R.Sundar, learned Counsel for the Revision Petitioner. Despite service of notice, none appears for the respondents.
3.The petitioner is the first defendant in the suit and the first respondent is the plaintiff in the suit in O.S.No.86 of 2022 on the file of the District Munsif Court, Valliyoor, Thirunelveli District. The respondents 2 and 3 are the defendants 3 and 4 in the suit. The said suit was filed
(a)to declare the letter, dated 17.09.2020, authorising the plaintiff, as power agent to alienate the suit properties, as per the board resolution, dated 10.02.2020;
(b)for a permanent injunction to restrain the defendants 1 and 3 from interfering with the plaintiff, who is the authorised person of the first defendant company, to execute a power of attorney of the plaintiff to alienate the suit properties;
3)for cost of the suit; and
4)for other reliefs.
4.The following submissions were made by the learned Counsel for the petitioner:
4.1)The prayer, which was sought in the suit to de
A plaintiff's failure to comply with statutory requirements under the Companies Act regarding board resolutions renders a suit an abuse of process and non-maintainable.
The plaintiff must seek cancellation of Sale Deeds before claiming they are non-binding, with appropriate court fees payable based on genuine property valuations.
The court emphasized that the validity of the power of attorney's authority must be determined within the broader context of the property transaction and the parties' rights, remaining open to contes....
High Court's supervisory powers allow correction of procedural irregularities when substantive rights are at stake, emphasizing the need for additional documents to ensure a fair trial.
Sale deeds executed post-winding up are void under Section 536(2) of the Companies Act, 1956, and powers of attorney executed for fraudulent purposes do not confer rights over property.
The court upheld the validity of prior decrees and ruled that a Power of Attorney executed by trustees was invalid, affirming that the plaintiff's claims were barred by lis pendens and suppression of....
The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charg....
A suit filed after the statutory limitation period lacks a valid cause of action and must be dismissed without trial.
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