CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7019 OF 2009
[Arising out of SLP)No.5994 of 2007]
N. Radhakrishnan -------Appellant Versus
M/s. Maestro Engineers & Ors. -----Respondents JUDGMENT
The Supreme Court (SC) has stated when there are serious allegations of malpractices and manipulation of accounts of a firm, the dispute cannot be properly dealt with by an arbitrator. It would be appropriate to let the civil court decide. In this case, N Radhakrishnan vs M/s Maestro Engineers, partners in the firm split and one of them wanted his share to be paid after resignation. However, there were disputes on the amounts due. The partner wanted arbitration which was denied by the district court. He appealed to the SC which dismissed his plea. It said when there are allegations of manipulation of accounts, fraud, misrepresentation and similar charges, it would not be proper to refer all these to an arbitrator. Therefore, the case was remitted to the civil court in Coimbatore
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Wednesday, November 11, 2009
Signature not by mistake
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5994 OF 2004
Grasim Industries Ltd. & Anr. .... Appellants Versus
Agarwal Steel .... Respondent WITH
CIVIL APPEAL NOS. 7477/2004 AND 1733/2005
In our opinion, when a person signs a document,there is a presumption, unless there is proof of force or fraud, that he has read the document properly and understood it and only then he has affixed his signatures thereon, otherwise no signature on a document can ever be accepted. In particular, businessmen, being careful people (since their money is involved) would have ordinarily read and understood a document before signing it. Hence the presumption would be even stronger in their case.
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5994 OF 2004
Grasim Industries Ltd. & Anr. .... Appellants Versus
Agarwal Steel .... Respondent WITH
CIVIL APPEAL NOS. 7477/2004 AND 1733/2005
In our opinion, when a person signs a document,there is a presumption, unless there is proof of force or fraud, that he has read the document properly and understood it and only then he has affixed his signatures thereon, otherwise no signature on a document can ever be accepted. In particular, businessmen, being careful people (since their money is involved) would have ordinarily read and understood a document before signing it. Hence the presumption would be even stronger in their case.