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2011 Supreme(SC) 211

G.S.SINGHVI, ASOK KUMAR GANGULY
State Bank of Travancore – Appellant
Versus
Kingston Computers (I) P. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: J.L. Gupta, Sr. Adv., Amit Wadhwa, Sanjay Bhatt and S. Mahendran, Advs.

JUDGMENT

1. This appeal is directed against the judgment of the Division Bench of the Delhi High Court whereby the appeal preferred by Respondent-M/s. Kingston Computers (I) Private Limited (hereinafter referred to as "the company") was allowed and the suit filed by it for recovery of Rs. 8,50,952/- along with interest of Rs. 3,06,342/- was decreed by reversing the judgment of Additional District Judge, Delhi (hereinafter referred to as "the trial Court").

2. The suit was filed by the Respondent through Shri Ashok K. Shukla, who described himself as one of the Directors of the company and claimed that he was authorised by Shri Raj K. Shukla, the Chief Executive Officer of the company vide authority letter dated 02.01.2003 to sign, verify and file suit for recovery on behalf of the company. A copy of the authority letter allegedly signed by Shri Raj K. Shukla was also annexed with the plaint. In the written statement filed on behalf of the Appellant, a preliminary objection was taken to the maintainability of the suit on the ground that Shri Ashok K. Shukla was not authorised by the company to file the suit and the authority letter given by Shri Raj K. Shukla was not sufficient to ent




























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