Person denying signature on vakalatnama in an appeal court
I am an appellant in a appeal court i.e. the W.B. Co-op Tribunal, I found that the Co-op society who is a respondent in the appeal had filed a vakalatnama to contest on their behalf. On asking the society office bearers i am told that nobody has signed any such vakalatnama at all. I obtained a certified copy of the vakalatnama from the W.b. Co-op Tribunal and found the signature to be different then what is usually known. I also confirmed this from the person whose signature was put and he too denied giving any such signature at all.
I must mention that the socy being one of the defendants in the original dispute case did not appear at all in proceedings at the lower court and was neither represented by any other means.
What steps should i take now to find out who did this?
Asked 2 years ago in Criminal Law from Kolkata, West Bengal
file an application before tribunal regarding your objection of this signature, the tribunal summon to that person who seems to be signed on vakalatnama and if he stated before the tribunal that he did not signed the same then the court may pass an appropriate order and dismissed the vakalatnama and may pass an order in your favour if merit says so.
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Advocate, New Delhi
1) If Co-op society is denying the fact that they have engaged an advocate to contest the appeal and the person whose signature is being disputed has denied having signed, there is clear indication of foul play and it could be someone from the Co-op society.
2) The fact is that the vakalatnama is on the file before the W.B. Co-op Tribunal. You need to file an interim petition before the tribunal to order an internal inquiry as without the knowledge of the clerical staff at the W.B. Co-op Tribunal the vakalatnama could not have been on file. Inform the the Tribunal that there is clear indication of interested parties working to defeat the ends of justice by unlawful interference..
Move an objection in the court by filing an application questioning the signature and pray that the person concerned to be present before the court and verify the signature
If society has not authorised who is the interested person who pays the advocate
1. File a petition u/s 340 of crpc alleging commission of forgery.
2. On the basis of your complaint the tribunal on prima facie satisfaction of the allegations raised would send the same to the magistrate.
3. The magistrate on receipt of such complaint shall draw criminal proceedings against the culprits.
If you suspect any foul play in the filing of this vakalatnama, you may move an application stating that you suspect forgery or impersonation on behalf of the said respondent for the reasons that you rely upon and pray for an investigation into the matter for proper adjudication.
The decision of court will fetch you the result.
1. If the signature has been forged then the person whose signature it purports to be has to file a criminal case for forgery and cheating.
2. The attention of the presiding members of the tribunal should be drawn towards this.
1. Raise this topic before the tribunal,
2. The concerned Advocate shall have to answer from whom he got that Vakalatnama,
3. The Tribunal may not allow the advocate of the Respondent to appear before the Tribunal even if he finally appears,
4. You have a fair chance to win the case ex-parte.