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2011 (2) TMI 1270 - SC - Companies LawMaintainability of the suit - authorized signatory - authority letter - 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 2-1-2003, 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 entitle him to do so.
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