JUDGEMENT
M. THANIKACHALAM J. -
(1.) Originally the complainants have filed the case against the Bharti Airtel
Ltd., represented by Sunil Bharti Mittal, Chairman and Managing Director,
which was opposed by filing an application, who has represented for
Petitioner/Opposite Party. As they have no objection to delete the
individual name viz., Sunil Bharti Mittal, and detaining the Chairman and
Managing Director alone, with cause title Bharti Airtel Ltd., an order
has been passed on 18.09.2007 which is not challenged, therefore, it
reached finality.
Thereafter, CMP.72/2008 has been filed, before the lower Forum seeking to
delete even the Chairman and Managing Director which was negatived
on opposing, by the order dated 12.08.2008 which is under challenge
before this Commission.
M/s.Bharti Airtel Ltd., a legal entity should be represented as per the
Companies Act. In this way, the claim is made as seen, the Bharti Airtel
Ltd., represented by Chairman and Managing Director, by designation. We
do not find any infirmity or irregularity, in the cause title. However,
the Learned Counsel for the Petitioner, would submit, that as per the
General Power of Attorney dated 04.07.2005, Senior Manager (Legal) of the
Company alone is competent to represent the Company. By perusing the
affidavit, I am unable to find any specific clause, as if the Senior
Manager (Legal) of the Company or P. Swaminathan, Chief Executive Officer
(Mobile Services) is competent to represent M/s.Bharti Airtel Ltd., If at
all Petitioner should have produced some documents, if any evidencing who
is competent to represent M/s.Bharti Airtel Ltd., which is absent. In the
absence of any material, I do not find any infirmity in the cause title
M/s.Bharti Airtel Ltd., represented by its Chairman and Managing
Director. Hence, in the lower Forum order, there is no infirmity
warranting our inference.
Hence, the Petition is dismissed.;
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