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This issue is hence decided against the defendant and in favour of plaintiff.

ISSUE NO. 2.

Trite it to say that present suit has been filed by plaintiff through Sh. S.R.S. Sabharwal. The latter is examined as PW1. It is deposed by the same that he was director of plaintiff no. 1 company and was having power of attorney on behalf of plaintiff no. 2. True, the document stated to be power of attorney allegedly executed by Sh. Dinesh Parwanda has been put on file, along with plaint as Annexure P1. No evidence is lead at all to verify that any such power of attorney was ever executed by Sh. Dinesh Parwanda. Nothing is deposed by only witness i.e. PW1 examined by plaintiff in this regard. Even if it is presumed that PW1 through whom present suit has been filed by plaintiffs is director of plaintiff no. 1. There is no resolution of said company or any other document to show that PW1 was authorized to sign, verify or to institute present suit. Every Director of a company cannot file suit on behalf of company, simply being a director unless same is specifically authorized by a resolution or by memorandum of articles of the company. May I refer here a case titled as M/s. Nibro Ltd.