- (1.) THE parties were heard on objection raised by respondents regarding appearance of the power of attorney for making submissions before this Court.
(2.) THIS writ petition has been filed by a partnership firm on 16.02.2001 seeking setting aside of order dated 08.11.2000 (Annexure -43) and a restraint against the respondent Rajasthan Financial Corporation, Jaipur from taking any action under Section 29 of the State Financial Corporation Act, 1951; the petition was initially filed through Counsel and was signed by general power of attorney holder Shreenath Lohiya; affidavits in support of the petitioner were also sworn by said power of attorney holder.
(3.) THOUGH the power of attorney in favour of Shreenath Lohiya, on the strength of which the writ petition was filed, is apparently not traceable in the bulky record of this writ petition, a typed copy of a general power of attorney (Annexure -71) filed along with the rejoinder is available on record, wherein, qua the legal proceedings before the Court, the following power appears to have been granted to the power of attorney holder by the partners of the firm: - "To file suits or application(s) or commence other proceedings, civil and criminal, in respect of or arising out of the said business and to prosecute the same and for such purpose to sign, acecute or attest plaints, patitione, appeals or other documents, that may be necessary, therefore and to verify the same, to swear to affidavits and to oath of a party or witness to accept service and defend in suit or other proceedings that maybe filed against our or in respect of the said business and prosecure the claim or defence in the court of appeal or origin or before any officer whether in civil, criminal, revenue courts or office or before Income tax or any other taxation authorities and for such purpose to appoint an advocate, pleader, soliciter or agent etc." During the pendency of the writ petition, the following order dated 08.11.2012 came to be passed by this Court: - "Date of Order :: 08.11.2012 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. M.C. Purohit, for the petitioner. Mr. N.M. Lodha, Sr. Adv. with Mr. V.D. Dadhich with Mr. S.G. Ojha, for respondents. Mr. M.C. Purohit, learned counsel is appearing for the petitioner Firm today and is seeking sometime to argue the matter. List on 22.11.2012 as prayed. On that date, it is made clear that the arguments will be heard/advanced either by the party or his counsel no power of attorney will not be permitted to argue this matter.";