New Era Urban Amenities Ltd. v. Vijay R.Vakharia
A.No.3295 of 2014 in C.S.No.893 of 2010 P.KALAIYARASAN, J This Application has been filed under Order XIV Rule 8of the Original Side Rules read with Order XXVI Rule 10A of the Civil Procedure Code, seeking an order to issue commission for scientific investigation to find out genuineness of the documents and compare the signatures contained in Exs.P1, P2, P3, P4, P8, P9 and P10 along with the applicants sample signatures and give his opinion and findings regarding the same.
2. This Court by order, dated 07.02.2017 appointed Advocate-Commissioner, Ms.A.Geetha Muthulakshmi to visit and collect the schedule "A" "B" and "C" mentioned documents in the Judges summons.
3. The Advocate-Commissioner filed the final report, wherein she has stated that she could only collect "C" schedule document from M/s.UCO Bank, Mylapore Branch. The other documents, namely documents mentioned in "A" and "B" schedule are stated to be not available by the authorities concerned. The applicants / defendants deny the signatures found in Exs.P1, P2, P3, P4, P8, P9 and P10 and he asserts that he has not signed in
any of those documents.
P.KALAIYARASAN, J tsvn
4. Therefore, the above documents are ordered to be sent along with the applicant's sample signature and also with the documents collected and submitted by the Advocate-Commissioner from the UCO Bank, Mylapore Branch ("C" schedule document) to the Forensic Sciences Department for comparison through the same Advocate-Commissioner.
5. The Advocate-Commissioner is directed to collect the above documents from the Registry and hand over the same to the Forensic Sciences Department and after comparison, the same are to be obtained from them with the Report and submit the same to the Joint Registrar (Original Side). The additional remuneration to the Advocate-Commissioner is fixed at Rs.10,000/- (Rupees Ten Thousand only) and the same shall be paid by the applicants to the Advocate-Commissioner directly within a week. With the above observations, this application is allowed. 22-06-2017 tsvn
A.No.3295 of 2014 in C.S.No.893 of 2010 http://www.judis.nic.in