- 1 - 914.chs.1854.09= skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1854 OF 2009 IN SUMMARY SUIT NO.1252 OF 2007 Mr.Abbasbhai Mohammedbhai Rangwala & Anr. ..Plaintiffs -Versus- Mrs.Jayshri Mukesh Gotecha & Anr. ..Defendants -And- Central Bank of India ..Respondents .......... Mr.Subodh Joshi a/w.Mr.Hatim i/by Nandlal Kothari Sabir for the Plaintiffs. Mr.Anupam Surve a/w. Atman Mehta i/by Haresh Mehta & Co. for Defendant No.2. .......... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. P.C. 1 This Summary Suit is filed on a promissory note dated 17th December 2005. Since Shri Mukesh Ramniklal Gotecha the maker of the promissory note expired prior to the filing of the suit, the suit is filed against his wife who is his only legal heir. However, the wife of the deceased Mukesh Gotecha has disputed the signature of her deceased husband on - 2 - 914.chs.1854.09= the promissory note. In view thereof, the plaintiff has taken out the present Chamber Summons seeking directions against the respondent-Central Bank of India, Malad (West) Branch wherein the deceased had an account, to deposit the specimen signature card of the deceased Mukesh Ramniklal Gotecha alongwith 6 to 7 cheques signed by the deceased, with the Prothonotary and Senior Master of this Court. Though the Chamber Summons is served on the defendants as well as the respondent-Bank, defendant no.1 and the respondent-Bank are absent. No reply to the Chamber Summons has been filed. The learned Advocate appearing for defendant no.2 submits to the orders of the Court. 2 The Chamber Summons is therefore allowed in terms of prayer clause (a). Upon receipt of the said specimen card alongwith 6 to 7 cheques signed by the deceased Mukesh Ramniklal Gothecha, the Prothonotary and Senior Master shall allow Mr.Anilkumar Mathur- handwriting expert, having his office at Medows House, 2nd Floor, Nagindas Master Road, Fort Mumbai 400 023 to attend the office of the Prothonotary and Senior Master to examine the documents and submit his report in a sealed cover to the Prothonotary and Senior Master. The defendants shall be informed by the plaintiff as to when Mr.Anilkumar Mathur shall visit the office of the Prothonotary and Senior Master for carrying out the said examination of documents. The defendants and/or - 3 - 914.chs.1854.09= their Advocates shall be at liberty to remain present when the said documents are examined. The costs of the handwriting expert shall be initially borne by the plaintiff. 3 The Chamber Summons is accordingly disposed of. [ S.J. KATHAWALLA, J. ] -