Civil Revision No.2092 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2092 of 2007 Date of decision:03.02.2010. Manager, Haryana Financial Corporation ...Petitioner Versus Anwar Ali and others ...Respondents CORAM: HON’BLE MR. JUSTICE S.D.ANAND. Present: Mr. Alok Jain, Advocate, with Mr. Puneet Gupta, Advocate, for the petitioner. Mr. Ashwani Talwar, Advocate, for the respondents. ***** S.D.ANAND, J. The following facts are beyond the pale of controversy: - The respondent herein (Anwar Ali son of Shri Noor Mohammed) filed a suit for declaration to obtain the invalidation of the impugned recovery notices issued by the petitioner herein. The notices had been issued to effect the recovery of a loan which had been advanced to the principal debtors on the guarantee of the respondent – plaintiff. At the trial, the respondent herein denied having signed the bond of guarantee and the relevant affidavit. On a plea being filed by the petitioner herein for forwarding the specimen signatures of the respondent herein for comparison with the disputed signatures, the papers were forwarded to the FSL Punjab. The addressed quarters returned the papers by pointing out that those may be forwarded to the Haryana counterpart, which Civil Revision No.2092 of 2007 -2- has jurisdiction over the area where the suit was pending. The matter retained in abeyance thereafter. After sometime thereof, the petitioner herein applied to the learned Trial Court to forward the papers to FSL Madhuban. That plea was declined vide the impugned order dated 29.03.2007. It is apparent from the circumstances that the order directing the forwarding of papers to the FSL Punjab has attained finality as it has not been challenged till date. It was the own duty of the learned Trial Court to follow up its own orders by either reiterating that the FSL Punjab should undertake the exercise or accept their request and forward the papers to the FSL, Haryana. The fact that the matter remained in limbo cannot be used to the detriment of the petitioner herein. The petition shall, accordingly, stand allowed. The impugned order dated 29.03.2007 shall stand set aside. The respondent shall provide specimen signatures pertaining to the contemporary period which, along with other necessary papers, shall be forwarded to the Government Examiner of Questioned Documents, Shimla. (The papers were returned on a Jurisdictional Challenge and also for want of specimen signatures of contemporary period). The learned counsel, appearing on behalf of the respondent herein, indicated a grievance that the respondent herein has no faith in the functioning of FSL, Madhuban. The learned counsel for the petitioner herein responded, in the light thereof, that Civil Revision No.2092 of 2007 -3- he has no objection if the papers are forwarded to the Government Examiner of Questioned Documents, Shimla. The forwarding of papers to those quarters is, thus, a consensual arrangement between the parties. This would, of course, not be taken to be an expression of opinion on the merits or otherwise of the grievance indicated by the learned counsel for the petitioner. Disposed of accordingly. February 03, 2010 (S.D.ANAND) vinod* JUDGE