Excellent Corporation Ltd. incorporated under the Companies Act, 2013 purchased an independent house comprising two floors in Gurgaon in the state of Haryana for a sum of ₹3.5 crore for providing company accommodation to

The due execution of documents is important to create legal binding documents. This is particularly so for the execution of a deed, which has strict requirements to ensure that it is valid and enforceable. Further when a document is to be registered with the Registrar, the execution must strictly comply with certain requirements otherwise the document will not be accepted. In the present case a specific power of attorney is to be executed to attain the purpose of a specific Act. Further as per the provision of Section 22(2) of the Companies Act, 2013 a company may, by writing under its common seal, authorise any person, either generally or in respect of any specified matters, as its attorney to execute other deeds on its behalf in any place either in or outside India. It may be noted that that in case a company does not have a common seal, the authorisation under this sub-section shall be made by two directors or by a director and the Company Secretary, wherever the company has appointed a Company Secretary. A deed signed by such an attorney on behalf of the company and under his seal shall bind the company. Thus the refusal by Registrar is legally tenable as the specific power of attorney is not in the prescribed manner.