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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
Andromeda Fashions Limited, Represented by its Director, Pradeep Singhania – Appellant
Versus
Samir Suri – Respondent
| Table of Content |
|---|
| 1. overview of the case and applications regarding the ex-parte decree. (Para 1 , 2 , 3) |
| 2. discussion on applications to compare signatures. (Para 4 , 5) |
| 3. comparison of signatures mentioned and issues arising thereof. (Para 7 , 28) |
| 4. core reasoning related to the necessity of signature verification. (Para 8 , 11 , 12) |
| 5. conclusion dismissing appeals based on presented facts. (Para 30 , 34) |
JUDGMENT :
Prelude:
C.S.No.536 of 1999 is filed for recovery of Rs.62,64,658.40, with interest at the rate of 24% p.a., on the principal amount of Rs.40,67,960/- from the date of plaint till the date of recovery.
2. The suit was decree exparte on 26.04.2012. The decree-holder had resorted to execution of the decree by filing E.P.No.151 of 2013, which was transmitted to Execution Court at Delhi and renumbered as E.P.No.258 of 2013. Subsequently, it was re-transferred to District Court, Delhi and renumbered as E.P.No.210 of 2017. While the Execution Petition is pending, the 1st respondent/judgment debtor has taken out an Application No.5583 of 2022 before the Original Side Jurisdiction of this Court, which has passed decree in C.S.No.536 of 1999.
3. The prayer sought in Application No.5
The necessity to compare signatures arises only if authorship is disputed; admission of signature negates the grounds for such comparison.
Fraud must be supported by substantial evidence indicating intentional deception; mere discrepancies in signatures without further proof do not suffice for contempt or forgery claims.
Expert opinion – Power to seek expert opinion under Section 45 of Evidence Act, 1872 is discretionary and depends on facts of each case – Courts can refuse expert opinion only when no doubt exists re....
The principles of res judicata apply to subsequent applications in the same proceedings, preventing re-agitation of previously decided matters without new evidence.
The principle of res judicata applies to subsequent applications in the same proceedings, preventing re-litigation of issues already decided.
The court must rely on expert evidence for handwriting analysis, and cannot substitute its own findings without valid reasons, especially when expert opinions are available.
A court may compare handwriting under Section 73 of the Indian Evidence Act without requiring expert testimony, provided there is sufficient circumstantial evidence.
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