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2014 (4) TMI 1020 - SC - Indian LawsMaintainability of appeal - Locus standi to file appeal - authorization to file appeal - Held that:- Admittedly authorisation by the Board of Directors of the appellant-Federation was not placed before the Courts below. But, we may notice that a specific averment was made by the appellant-Federation before the learned Judicial Magistrate that the said General Power of Attorney has been filed in connected case, which has neither been denied nor disputed by the respondents. In any case, in our opinion, if the Courts below were not satisfied, an opportunity ought to have been granted to the appellant-Federation to place the document containing authorisation on record and prove the same in accordance with law. In spite of arbitration award against the respondents, there was non-payment of amount by the respondents to the appellant-Federation, and also in the light of authorisation contained in Annexure–P/7, we are of the opinion that, in the facts and circumstances of the case, an opportunity should be given to the appellant- Federation to produce and prove the authorisation before the Trial Court, more so, when money involved is public money - Matter remanded back - Decided in favour of appellant.
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