Durga Parameshwari Automobiles Limited filed a petition with certain pleadings on 3 March 2025, before a court of competent jurisdiction. The same was duly signed by Sumalatha Shetty, Company Secretary of the company. Th
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2025
Durga Parameshwari Automobiles Limited filed a petition with certain pleadings on 3 March 2025, before a court of competent jurisdiction. The same was duly signed by Sumalatha Shetty, Company Secretary of the company. There was no clear authority/ document with the Company Secretary to sign the said pleadings on behalf of the company. However, on 18 March 2025, a Board resolution was submitted duly ratifying Sumalatha's actions in the matter. Discuss the validity of the ratification. Refer leading case law on the point.
Answer & Explanation:
Answer 3(b) In United Bank of India v. Naresh Kumar, AIR 1997 SC 2 , it has been held that at the time of filing of petition, if the pleadings are signed by a person not authorised, the same could be ratified subsequently. In the given situation, Sumalatha Shetty (Company Secretary) filed pleadings on 3 March 2025, without clear authority. The Board of Directors ratified her action on 18 March 2025 vide a resolution. The ratification is legally valid. It relates back to the date of the original filing (3 March 2025). Hence, the pleadings are not defective, and the court should not dismiss them on technical grounds. The ratification by the Board on 18 March 2025 is valid in law and effectively cures the defect of lack of initial authority. The act of filing pleadings by Sumalatha Shetty, though unauthorized initially, is deemed to have been done with authority upon such ratification.
Topics: Pleadings
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