2014 (4) TMI 1020

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....ppeals on the ground that Mr. Davinder Kumar Lal, claiming to be the power of attorney holder of the appellant-Federation, has no locus standi to file the complaints/appeals as he has failed to prove that the Appellant- Federation had authorised him to file the same. 3. The facts of the two appeals are - the appellant-Federation supplied cotton bales to the respondents of the value of Rs.30,45,602/- vide three invoices dated 19.12.1994, 21.12.1994 and 20.01.1995. The respondents, to discharge their liability, issued in total four cheques - two cheques for Rs.5 lakhs each dated 16.01.1995 and 20.01.1995 respectively and two - 4. cheques for Rs. 11 lakhs each dated 20.01.1995 and 25.01.1995 respectively. However, on presentation, all the sa....

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....a Public Sector Undertaking and money which has to be paid by the respondents is public money. In support of his submission, learned counsel has drawn our attention to Annexure-P/7, the extracts of the meeting of the Board of Directors of the Federation held on 15.04.1976, which are in the following terms: "14 DELEGATION OF POWERS The Board of Directors of the Haryana State Co-operative Supply and Marketing - Federation in their meeting held on 15.4.1976 resolved to delegate the following powers to the authorities mentioned against each and to the extent indicated as under. Delegation of Powers to various officers of the Federation. Sr. Nature of Powers Authority to whom Extent of powers No. delegated 1 2 3 4 (A) Administration 1....

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....Court to interfere at this stage. When the matter was listed before us on 11.03.2014, a specific query was, however, put to the learned senior counsel appearing for the respondents as to whether the respondents have paid the amounts which are due and payable to - 10. the appellant-Federation. It was submitted, on instructions, that, in fact, arbitration had taken place and even the award had been passed against the respondents, but the respondents have not complied with the terms of the award so far. 11. Having heard learned counsel for the parties and after perusing the material on record, we find that admittedly authorisation by the Board of Directors of the appellant-Federation was not placed before the Courts below. But, we may notice....