Madras HC bench sets aside JM order on rights of power agent

A "Power Agent"is entitled to file papers in the court on behalf of his principal and the same filed by him could not be returned by the Judicial Magistrate, ruled the Madurai Bench of the Madras High Court.
Setting aside the order of the Tirumangalam Judicial Magistrate, who returned the papers filed by a power agent in a bus accident case, on behalf of the owner of the company, Justice S Vaidhyanathan said there is a clear distinction between "Appearing on behalf of the Principal and submitting the papers and arguing the case on behalf of the Principal."
In the accident case, the petitioner Santhi M Vannan had authorised her Manager Baskaran to initiate legal proceedings for interim custody of the bus, which was involved in a collision with a two-wheeler.

Subsequently, the Judicial Magistrate asked the petitioner to deposit the Regisration book and Rs 20 lakh cash.
As the permit of the bus expired on Jan 1, 2016, in order to expedite the matter, the petitioner gave authorization to submit the papers at the Judicial magistrate court.
However, the Magistrate returned the papers on the ground that the power of attorney was not entitled to address on behalf of the principal and submit papers.

Hence, the petitioner submitted that her bus was damaged by locals, following which she had filed a case against some people demanding compensation for the damages costing Rs 75000, and a chargesheet was filed by the police in connection with the incident.

There was nothing wrong in the power agent filing documents in the court, Justice S Vaidhyanathan said while setting aside the order of the Judicial magistrate.
He also directed the Judicial Magistrateto number the case if there was no other impediment.