1. This petition is filed seeking appointment of an arbitrator for resolving disputes between the parties arising out of an MOU. The contention of the respondent is that there was no arbitration clause in the MOU signed between the parties and the MOU presented by the petitioner is not what the respondent signed.
2. Since the very basis for maintaining the arbitration petition, viz., existence of an arbitration clause in the agreement between the parties is questioned by the respondent, it has become necessary to ascertain the genuineness of the documents presented before the Court.
3. The petitioner, in support of the arbitration petition, has relied on an affidavit of Notary Public, Shri Ganvantray Vyas, who has supported the petitioner's case suggesting that one Shri Kumar Manharlal Desai had signed the document in his presence and had also put his signature in the register maintained by him under the Rules. I had, therefore, called for the original register of the Notary. Counsel for the respondent was also permitted to take out a copy of the relevant extract of Entry No.2457, which purportedly contained signature of said Shri Kumar Manharlal Desai. He was asked to file affidavit of said Shri Kumar Manharlal Desai disclosing whether the signature in the register of the Notary was or was not made by him. In response of the said order dated 2.4.2012, he has filed an affidavit dated 16.4.2012. In said affidavit, he has denied his signature against Entry No.2457. He has also given various reasons why should believe his version. It is not necessary to go into all details of such reasons at this stage.
4. Looking to the controversy, I am of the opinion that the signature purported to be of said Shri Kumar Manharlal Desai against Entry No.2457 and the register of the Notary should be sent for hand-writing expert's opinion to verify whether such signature was or was not made by said person. Learned counsel for the petitioner stated that the petitioner would be willing to pay the cost in undertaking such exercise.
5. To enable the hand-writing expert to compare two signature, said Shri Kumar Manharlal Desai shall remain present before the Court on 27.4.2012 to give his specimen signature.
6. S.O.
to 27.4.2012.
(AKIL KURESHI, J.) (vipul) Top