Foundational Defects in Institution of Suit Cannot Be Cured Subsequently to Validate the Proceedings: Telangana High Court

The Telangana High Court has held that a party cannot remove or cure a foundational defect in the institution of a suit by producing a subsequent board resolution at a later stage of the proceedings. The Court ruled that while procedural defects may be corrected, a defect affecting the very authority to institute a suit cannot be rectified retrospectively. Accordingly, the High Court set aside the order of the Commercial…