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REGISTERED POWER OF ATTORNEY CANNOT BE CANCELLED BY MERE FILING OF POLICE COMPLAINT 2010 SC

REGISTERED POWER OF ATTORNEY CANNOT BE CANCELLED BY MERE FILING OF POLICE COMPLAINT 2010 SC

SHANTI BUDHIYA VESTA PATEL & ORS .Vs. NIRMALA JAYPRAKASH TIWARI & ORS JUDGEMENT, CIVIL LAW -CONSENT DECREE -POWER OF ATTORNEY -FRAUD Citation(s) 2010 AIR 2132 = 2010 (4 ) SCR 958 = 2010 (5 ) SCC 104 = 2010 (4 ) JT 196 = 2010 (4 ) SCALE 182

The allegation of appellants that they had revoked the Powers of Attorney executed by them in favour of the respondent no. 9 by filing complaints with the police is devoid of merit. Although there is no denying the fact that three complaints were filed on three different dates with the police against the alleged harassment and threats by respondent nos. 8 and 9, it is difficult to understand how the Powers of Attorney executed by the appellants or their predecessor-in-interest stood revoked. The record of the case would reveal that each of the complaints was filed by a separate person - the first complaint was filed by the appellants themselves, the second by an Advocate and the third by one `NMP', who was himself a builder. All these complaints came to be filed when said `NMP' came into the picture. Further, all the Powers of Attorney executed in favour of respondent no. 9 as also all the deeds and documents entered into between the predecessor-in-interest of the appellants and respondent no. 9 were duly registered with the office of the Sub-Registrar. Neither any document nor any of the Powers of Attorney was ever got cancelled by the appellants.

The stand taken by the appellants throughout that they had, by executing a Power of Attorney in favour of `NMP', revoked the Powers of Attorney executed in favour of respondent no. 9 is found to be baseless. In fact, a look at the terms of the Power of Attorney executed in favour of `NMP' would show to the contrary.

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