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april 2014

Supreme Court of India · 2014-04-07

M/S Haryana State Coop Spy & Mkt Fed Ltd vs M/S Jayam Textiles & Anr

Citation / case number
AIR 2014 SUPREME COURT 1926
Court
Supreme Court of India
Petitioner
M/S Haryana State Coop Spy & Mkt Fed Ltd
Respondent
M/S Jayam Textiles & Anr
Author
N.V. Ramana
Bench
N.V. Ramana, Ranjan Gogoi, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the dismissal of the appellant-Federation's complaints under Section 138 and 140 of the Negotiable Instruments Act, 1881, was erroneous due to the lack of proof of authorization for the power of attorney holder. The Court emphasized that the appellant-Federation, being a Public Sector Undertaking, should have been afforded an opportunity to present the necessary authorization documents. The Court ruled that the dismissal of the complaints was unjustified and remanded the matter for reconsideration, establishing that proper authorization is essential for filing complaints under the N.I. Act.

M/S Haryana State Coop Spy & Mkt Fed Ltd vs M/S Jayam Textiles & Anr · Niyam