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Showing contexts for: megacity developer in M/S Megacity Developers And Builders ... vs Sri J D M Manjunath on 22 February, 2024Matching Fragments
RFA NO.1548/2021 C/W
20. The earlier suit filed by Mr.C.P.Yogeshwar as the Managing Director of M/s.Megacity Developers and Builders Limited is not in dispute. The applications filed by defendant No.1 in all the three suits under Order VII Rule 11 of CPC were rejected by the Trial Court. Same was challenged before this Court in W.P.No.24069/2010 and connected matters. This Court while observing that the suit was presented by Mr.C.P.Yogeshwar in his personal capacity as the Managing Director of M/s.Megacity Developers & Builders Limited, whereas the agreement is between defendant No.1 and M/s.Megacity Developers & Builders Limited, he cannot prosecute the suit in his individual capacity. Accordingly, the said applications were allowed and plaints came to be rejected. Before the Hon'ble Apex Court while dismissing the SLPs, observation made, which thus reads as:
24. In view of the above, M/s.Megacity Developers & Builders Limited could institute fresh suit for redressal of its grievance. But as rightly contended by the learned counsel for defendant No.2, the Hon'ble Apex Court did not save the period of limitation in favour of M/s.Megacity Developers. Under such circumstances, the plaintiff has to explain that the suit is filed within time. The agreement is RFA NO.1548/2021 C/W dated 18.10.2004, the suit is filed in the year 2012 after lapse of eight years. The period prescribed for performance of contract is three years and three months as agreed. Section 14 of Limitation Act is not applicable to save the limitation. The suit ought to have been filed within three years three months from the date of agreement whereas, the suit filed in the year 2012 is hopelessly barred by time. Accordingly, Point No.(i) is answered.
Reg.Point No.(ii):
25. PW-1/P.Mahadevaiah, the Power of Attorney Holder of Mr.C.P.Yogeshwar has given evidence before the Trial Court. He has produced the said Special Power of Attorney marked as Ex.P2 in O.S.No.308/2012. The Special Power of Attorney is not executed by M/s.Megacity Developers & Builders Limited, but same is the Power of Attorney relied while presenting three suits in the year 2006. It goes to show PW-1 has given evidence before the Court as RFA NO.1548/2021 C/W Power of Attorney Holder of Mr.C.P.Yogehwar in his personal capacity and not as a Power of Attorney Holder of the Company. Then PW-1 cannot represent the plaintiff, but he can only be treated as a one of witness to the plaintiff.