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High Court of Punjab and HaryanaCR/6046/2022disposed of

Tatvam Venture Limited v. Ruchika Rawat Gokarn

2022-12-20Mr. Justice Harminder Singh Madaan3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-6046-2022 (O&M) Date of decision: 20.12.2022 Tatvam Ventures Ltd.

...Petitioner

Versus

Ruchika Rawat Gokarn

...Respondent

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN 



 !"##  $$$$$ H.S. MADAAN , J. (Oral) An ejectment petition was filed by Mrs. Ruchika Rawat Gokarn against Tatvam Venture Ltd., which was assigned to Civil Judge (Jr. Divn.) Gurugram. On getting notice, the respondent put in appearance and filed an application under Order 7 Rule 11 CPC for rejection of plaint, contending that the petition has been filed by petitioner through her mother Archana Rawat, a Special Power of Attorney holder, who was authorized by that document to carry out transactions relating to lease agreement only and not to file an ejectment petition, therefore, the petition (wrongly mentioned as plaint) be rejected. The application was opposed by the petitioner. However, the petitioner had submitted an authority letter dt. 18.04.2022 to the effect that she had already authorized her mother vide Special Power of Attorney to sign on her behalf or to appear before concerned authority

 and vide that letter, she specifically authorized her to appear, sign plaint, petition, written statements, affidavits, vakalatnama, declaration etc., before any Court or Tribunal with regard to the property and then appoint/engage Advocates etc.

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&& , "Arguments heard. The perusal of special power of attorney dated 06.03.2014 clearly shows in para no. 5 "that Archana Rawat authorised her "to do all acts, deeds and things regarding lease agreement of the said property, which may constitute of purchasing stamp paper, and appearing before registrar or sub-registrar, to sign on my behalf or to appear before any other concerned authority on my behalf." This has been further supported by the authority letter dated 18.04.2022 submitted by petitioner alongwith his reply to present application in view of above, the court is of considered opinion the words " to sign on my behalf on or before any other concerned authority on my behalf" shows that SPA holder has the power to appear in front of court and also to file the present suit. In view of above the contention of applicant in present application being devoid of any merit stands dismissed and disposed of. Application stands dismissed & disposed of. %!#     &   !  "

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