Aothorisation of director

Sandeep Surana (Practicing Chartered Accountant)   (156 Points)

11 October 2011  

PRACTICAL CASE

There is a Pvt. Ltd. Company which have 3 Directors A,B & C. All 3 Directors are the same persons who hold 100% issued Share Capital of the Company(45+45+10 = 100%). Company having business of sale or purchase of plot, land and buildings etc.

Now I am purshaced one shop from above company in 1998. Mr. A (Director cum MD) shall signed the whole of the sale deed, and remaining two director signed as witness at the end of sale deed.  (Company paased ressolution and appoint Mr. A as MD and also authorise for sale of above shop).

 

i am having a Overdraft limit in a bank from last 10 year and this shop given to Bank as security against my OD.

 

Actually problem is, Bank manager want a copy of resolution which passed by the company so as to prove that such person(Mr. A) authorise to sell such shop & signed the sale deed. But after 11-12 years where to get this document(Resolution Copy)...how is possible.

I am argue with bank manager and say all three person signed the sale deed(Mr.A on whole deed and remain two as witness) so as no requirement of any document, sale deed is correct and legally registered in my name. but still he not accept and thereafter i tryed to get this document in ROC(through online demanding), Tehsil but i am failed.

So please help me friends/Sir/Mam and tell me what to do to solve this problem and how to prove that the sale deed is correct.