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Madras High CourtA/989/2023allowed

Chakri Chigurupati v. Spm Arts Llp And 5 Others

2023-02-23Honourable Mr Justice C. Saravanan4 pages

in C.S.No.35 of 2021 C.SARAVANAN, J.

Both sides are present.

2. The first defendant has filed this application for forensic examination of Ex.P2, Ex.P3 and Ex.P4.

3. In the Statement of Admission and Denial of the Documents, the applicant/first defendant has clearly stated that these documents have not been signed by the applicant/first defendant.

4. This application has been now filed after the documents were marked and the case is otherwise ready for being listed for arguments.

5. Considering the fact that the applicant/first defendant has raised objections to marking of the documents in the Statement of Admission and Denial of the Documents, this Court is inclined to allow this application by 1/4

referring Ex.P2, Ex.P3 and Ex.P4 to an Expert for a Forensic Examination, who can give an opinion as whether the signature of the applicant/first defendant has been fabricated and forged in the three exhibits. Accordingly, this Application is allowed. The applicant/first defendant is directed to file a Memo by affixing signatures for being sent along with these exhibits to the expert.

6. Registry is directed to send the vakalat filed by the applicant/first defendant after returning the photocopy to the expert for comparison and for examination of the signatures. The Hand Writing Expert shall endeavour to give an opinion on the signatures on or before 30.03.2023.

7. This Court, thus, appoints Ms.Lakshmipriya Muthuramalingam, Advocate (Enrollment No.MS.4071/2019) having Office at Chamber No.160, 3rd Floor, Hussain Plaza Building, Thambuchetty Street, Chennai, (Mobile No: 9626840040) as an Advocate Commissioner to liaison with Hand Writing Expert to give a report. 2/4

8. The applicant/first defendant shall pay a sum of Rs.25,000/- as initial remuneration to the Advocate Commissioner. The charges to be paid to the Hand Writing Expert shall be borne by the applicant/first defendant.

9. List the main suit on 13.04.2023.

23.02.2023 arb Note: Registry is directed to issue a Warrant to the Hand Writing Expert.

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C.SARAVANAN, J.

arb in C.S.No.35 of 2021 23.02.2023 4/4