S.S. Parkar, Chairperson.—This appeal has been filed by the appellant bank/original applicant No.2 as claim of the appellant bank for enforcement of the guarantee as against the defendant No.3/respondent No.3 was dismissed.

2. The original suit was filed by the appellant bank along with the Central Bank of India against the respondents for recovery of debts in City Civil Court, Ahmedabad. After establishment of the D.R.T. the suit was transferred to D.R.T., Ahmedabad. After hearing the D.R.T. decreed the claim of both the banks except that the suit filed by the appellant bank for enforcement of the guarantee executed by the respondent No.3 only was dismissed on the ground that the deed of guarantee was not stamped. Hence, the present appeal.

3. Before the D.R.T. the appellant bank had produced a zerox copy of the deed of guarantee which was listed at Sr. No.68 on record. It is not in dispute that what was produced before the D.R.T. at Sr. No.68 was a zerox copy of English typed version of the deed of guarantee dated 20.5..1986 which bears the, signature of the respondent No.3. However, the said version did not bear adhesive stamp nor it was typed on non-judicial stamp pape