THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.1950 of 2014 Dated:25.07.2014 Between:
Thirumal Ravula .. Petitioner
And M/s. Powerwave Technologies Research and Development India Private Limited, a private limited company, incorporated under the provisions of the Companies Act, 1956, having its registered office at Powerwave Technologies Research and Development India Pvt. Limited and others .. Respondents Counsel for the Petitioner : Mr. D. Narendar Naik Counsel for Respondents : Mr. P. Balaji Varma
The Court made the following:
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the plaintiff in O.S.No.182 of 2013 feeling aggrieved by the docket order of the lower Court in seeking to proceed with I.A.No.1214 of 2013 without disposing of I.A.No.259 of 2014 filed by defendant No.1 for reviewing order dated 28.04.2014 in I.A.No.229 of 2014.
At the hearing, it is not disputed by the learned counsel for respondent No.1 that by order, dated 28.04.2014, the lower Court has held that the authorisation filed by one Percy Homi Italia, the purported authorised person, who seeks to represent respondent No.1 Company, is not authenticated. The Court below has given a direction to the said person to file a copy of authorisation, which is certified as true copy by the authorised signatory of the Company having its Office at Madhapur. I.A.No.259 of 2014 was filed by Mr. Percy Homi Italia to review the said order in I.A.No.229 of 2014. The grievance of the petitioner is that without disposing of I.A.No.259 of 2014, the lower Court is pressing for proceeding with I.A.No.1214 of 2013 filed under Order VII Rule 11 C.P.C. for rejection of the plaint.
In my opinion, the lower Court cannot proceed with the adjudication of I.A.No.1214 of 2013 without disposing of I.A.No.259 of 2014 and recalling its earlier order, dated 28.04.2014, in I.A.No.229 of 2014. Mr. Kamatham Govardhan Reddy, learned counsel for respondent No.1, submitted that after filing of the present civil revision petition, his client was able to secure authenticated copy of authorisation. In this view of the matter, the lower Court is directed to first dispose of I.A.No.259 of 2014 before proceeding with I.A.No.1214 of 2013. If any further documents are sought to be filed on behalf of respondent No.1 relating to authorisation, the lower Court shall receive the same and give the petitioner an opportunity of putting forth his case with reference to such documents.
Subject to the above direction, the Civil Revision Petition is disposed of.
As a sequel, interim order dated 08.07.2014 is vacated. C.R.P.M.P.No.3180 of 2014 in/and C.R.P.M.P.No.1950 of 2014 are disposed of.
C.V. NAGARJUNA REDDY, J.
25.07.2014
KH