Power of Attorney to Adopt and Defend Legal Proceedings
TO ALL TO WHOM THESE PRESENTS SHALL COME:
I ________________________________ of ___________, Indian Inhabitant, SEND GREETINGS:
W H E R E A S—
(a) I intend to adopt legal proceedings against _________________ with a view to enforcing my claims against them. I also apprehend that the said _________________ may adopt legal proceedings against me.
(b) I being personally unable to attend to the said legal proceedings am desirous of appointing ___________________, also of Mumbai, who is a fit and proper person to look after and attend to my affairs relating to the said legal proceedings.
NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that I do hereby nominate, constitute and appoint _________________________ of Mumbai, Inhabitant to be my true and lawful attorney to act for me and in my name and do all acts, deeds and things in connection with all legal proceedings by and/or against me that is to say;
1. To sign, declare and verify Plaints, Statement of Claims, Written Statements, Defenses, Counter-Claims, Appeals, Reviews, Applications, Affidavits, Authorities, Vakalatnamas and writings of every description as may be necessary to be signed, verified and executed for the purpose of any suits, actions, arbitration proceedings, appeals and proceedings of any kind whatsoever before any Court of Law whether of Original, Appellate, Testamentary or Revisional Jurisdiction or any other Judicial Authority or Tribunal or Arbitrators and to do all acts and appearances and applications in any such proceedings brought or commenced and to defend, answer or oppose the same or suffer Judgments or Decrees to be passed taken or pronounced or to consent to the same in any such proceedings and to execute such Decrees or orders as the said Attorney shall be advised or think proper and also to bid by or on my behalf at the Auction Sales that may be held under the powers reserved to me under any Mortgage or Charge or under liberty granted by any Court relating thereto and to bid at and purchase any land here determents and premises at such auction sales and to sign and execute any applications, affidavits, agreements or other documents or writings relating thereto.
2. To appoint and engage Advocates, Solicitors, Counsel in such proceedings and to agree to pay and pay their fees and cost.
3. To do all necessary acts, deeds, steps etc to properly prosecute and/or defend (as the case may be) such proceedings including giving of evidence on my behalf.
4. To compromise or refer to arbitration such legal proceedings and for that purpose to sign all necessary documents, as may be required as also to do all acts and take steps in such arbitration proceedings. The powers and authorities granted herein to the Attorney shall also be exercisable in such Arbitration proceedings.
5. And for removing any doubt as to the true meaning of these presents or as to the construction or application of the powers, authorities and discretion hereby conferred, I do hereby declare that the powers, authorities and discretions hereby conferred shall not in any case be deemed to be limited to the transactions and matters as are herein expressly mentioned but the same shall in all cases extend to any other matters or transactions not herein precisely mentioned or defined and which may be exercised in the course of all acts done to secure my interest in the said proceedings.
6. And I do hereby declare that the powers and authorities and discretion hereby conferred upon the Attorney shall be available for exercise by him both during my absence as also at the same time and place along with myself.
AND I DO HEREBY for myself, my heirs, executors and administrators agree to ratify and confirm all and whatsoever my said Attorney shall or purport to do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF I have hereunto set my hand at
this _____ day of ____________ Two Thousand ____.
SIGNED AND DELIVERED by the )
Within named _______________________ )
in the presence of ……………… )
Before me,
Identified by me; Notary
Advocate
Accepted by me;
(Attorney)