IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12927 of 2009 DR.RAVI KANT SON OF LATE HARI SARAN SINGH, RESIDENT OF MOHALLA 2 (B) AKCHAY VIHAR APARTMENT, GANDHI NAGAR, NORTH S.K. PURI, POLICE STATION SRI KRISHNAPURI, DISTRICT PATNA. ... ... PETITIONER. Versus 1. THE STATE BANK OF INDIA THROUGH ITS CHIEF GENERAL MANAGER LOCAL HEAD OFFICE, GANDHI MAIDAN, PATNA. 2. THE ASSISTANT GENERAL MANAGER, SARC STATE BANK OF INDIA ZONAL OFFICE, GANDHI MAIDAN, PATNA. 3. THE CHIEF MANAGER (STRESSED ASSETS RESOLUTION CENTER), STATE BANK OF INDIA (SARC) ZONAL OFFICE, GANDHI MAINDAN, PATNA. 4. THE CHIEF-CUM-BRANCH MANAGER, STATE BANK OF INDIA, MOURYA LOK COMPLEX BRANCH, PATNA. 5. SANJAY KUMAR, DIRECTOR M/S A.P.T. ENGICON PVT. LTD. PATNA SON OF JAGDISH PRASAD SINGH, AT PRESENT RESIDES AT UTSAV BHAWAN, NANDAN PAHAR ROAD, BARMASIA, POLICE STATION DEOGHAR, DISTRICT DEOGHAR (JHARKHAND). 6. KIRAN KUMARI WIFE OF SANJAY KUMAR AT PRESENT RESIDENT OF UTSAV BHAWAN NANDAN PAHAR ROAD, BARMASIA, POLICE STATION DEOGHAR DISTRICT DEOGHAR (JHARKHAND). 7. L.K.P. SINGH SON OF NOT KNOWN AT PRESENT POSTED AS ASSISTANT GENERAL MANAGER STATE BANK OF INDIA HEAD OFFICE (4TH FLOOR) WEST GANDHI MAIDAN, PATNA. ... ... RESPONDENTS. ----------- 2. 13.10.2009. Heard learned counsel for the petitioner and the counsel for the Bank. Petitioner along with his father became guarantor in the loan agreement dated 15.11.2001 by and between M/S APT Engicon Pvt. Ltd. and the State Bank of India, Maurya Lok Branch with whom petitioner, his father Hari Saran Singh and another brother Sri Shashi Kant also entered into - 2 - development agreement which is dated 5th May,2000 and is contained in Annexure-7 to this application and the agreement executed by the guarantor(s) is dated 16th November,2001 and is contained in Annexures 6 and 11 to this application. Perusal whereof indicates that petitioner and his father signed the guarantee agreement in Hindi. The signature over the guarantee agreement is being disputed by the petitioner not only in this proceeding but also in the proceeding taken before the DRT in O.A. No.55 of 2006 as also in the proceeding taken by the Bank under the Surfacy Act with reference to the possession notice dated 1.8.2009 issued under the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002. It is submitted on behalf of the petitioner that before the authorities of the Bank as also before the DRT the petitioner and his father have been taking the plea that their signature over the deed of the guarantee has been forged but the said plea is not being considered by the authorities of the Bank as also the DRT. Counsel for the Bank however submitted before this Court that the deed of guarantee as also the loan - 3 - N.H./ application is in custody of the DRT and the Bank has no objection if this court directs the DRT to refer the guarantee agreement said to have been signed by the petitioner to the Government Examiner of questionable Documents at Kolkata whereafter the claim of the petitioner and that of the Principal borrower be considered in the light of the findings of the examiner. Having heard counsel for the petitioner, I direct the petitioner to request the DRT to refer the guarantee agreement signed by the petitioner and his father to the Government Examiner of questionable Documents at Kolkata and obtain the findings and proceed in accordance therewith in accordance with law. The DRT should request the Government Examiner of Questionable Documents to submit his report at the earliest in any case within two months from the date of receipt of the documents by the Government Examiner of Questionable Documents. With this observation and direction, this petition is disposed of. ( V.N. Sinha,J.) - 4 -