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2017 Supreme(P&H) 625

RAMESHWAR SINGH MALIK
M/s Active Promoters Pvt. Ltd. – Appellant
Versus
Assotech Realty Private Limited – Respondent


Advocates:
For the Petitioner:Mr. Aashish Chopra, Advocate.
For the Respondent No.1:Mr. Pankaj Jain, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: (Oral) - Present civil revision petition, under Article 227 of the Constitution of India, at the hands of defendant No.2 in the suit for specific performance of the sale agreement, filed by plaintiff-respondent No.1, is directed against the order dated 5.11.2016 (Annexure P-7), whereby an application moved by petitioner-defendant No.2 for impounding special power of attorney, it having been executed outside India, was dismissed by the learned trial Court.

2. Notice of motion was issued.

3. Heard learned counsel for the parties.

4. Learned counsel for petitioner submits that the learned trial Court-cum-Commercial Court misdirected itself, while passing the impugned order, dismissing the application of the petitioner. The power of attorney in question ought to have been impounded, it being impermissible in law. Neither the special power of attorney was executed on stamp paper of appropriate value nor it was appropriately stamped, at the time of its execution outside India. Since the special power of attorney was produced in the Court in India, after expiry of three months from the date of its execution, it was liable to be impounded. Stamp duty

















































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