Monday, January 4, 2016

Power of attorney cannot argue in court: Madras HC

The Madras High Court has held that holder of a power of attorney is not entitled to arguing in a court on behalf of the person who gave the power to him.

A bench, comprising Justice Satish K.Agnihotri and Justice K K Sasidharan, passed the order on a petition filed by one T Ashok Surana, the power agent of one K.Anand.

Surana had sought the court’s permission to argue the case of Anand before Debts Recovery Appellate Tribunal, Bengaluru.

The court was deciding on the preliminary issue whether the power of attorney is first of all entitled to addressing the court.

Referring to several Supreme Court judgments, the bench said “we hold that the petitioner, being a third party, is not entitled to addressing this court on behalf of his principal. It is open to the writ petitioner to argue the matter in person or engage a counsel of his choice.”

The petitioner moved the court as the respondent bank in the proceedings before DRAT objected to the appearance of power of attorney.

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