Serious question of genuineness of the agreement containing arbitration clause having arisen, in my order dated 20.4.2012, I had given reasons why I had formed an opinion that signature purported to be that of Shri Kumar Manharlal Desai against entry No.2457 in the register of Notary should be send for handwriting expert's opinion to verify whether such signature was or was not made by said person. Pursuant to such order, Shri Kumar Manharlal Desai is present before the Court as identified by his advocate Shri Hardik Shah. He agreed to provide his specimen signature so that same along with the register Notary can be sent to expert's opinion.
The Court officer shall under his signature obtain at-least five different signatures of the said person. Such signatures along with book no.4 of the year 2008 of Notary Shri Gunvantray Shiv Shankar Vyas be forwarded to Gandhinagar FSL for its opinion whether specimen signatures recorded before the Court of Shri Kumar Manharlal Desai and second of the two signatures found in column "signature of the person concerned" against entry no.2457 at page.53 of the said notary register are same. For the said purpose, at this stage, the applicant shall deposit a sum of Rs.10,000/- with the Registry of this Court towards the costs of the FSL by 20.6.2012. Such amount shall be subjected to adjustment upon receipt of final bill.
S.O.
to 13.7.2012.
Registry shall take up follow up steps in pursuance of this order.
(Akil Kureshi,J.) (raghu) Top