DRT has exceeded its jurisdiction in matching the thumb impressions of the Borrower on loan documents on the basis of attested by public notary without sending it to the forensic laboratory – Union Bank of India Vs. Smt. Amna Begam and Ors. – DRAT Allahabad

In this case, the borrower stated that she has never availed any loan nor signed any loan documents or executed any mortgage deed in favour of the Bank. The thumb impression and fingers’ impression of both the hands of the borrower were directed by the DRT to be given before the public notary for attestation and thereafter to be filed before it along with affidavit of the Notary and accordingly the same were filed before the DRT supported by the affidavit of the notary and the loan document was before the Presiding Officer itself and found that the same were not matching with each other.

Hon’ble DRAT Allahabad held that:

(i) The conclusion of the Tribunal below on the basis of attested thumb impression by notary is not sustainable because the DRT below has no expertization/instrument for matching the signatures and thumb impressions of the parties.
(ii) In the present case, neither the thumb impression of the borrower has been taken before the Tribunal below nor sent to any agency, which is established for the said purpose.
(iii) As such the Tribunal below has exceeded its jurisdiction in matching the thumb impressions of the borrower, which were not taken before it.

DRT has exceeded its jurisdiction in matching the thumb impressions of the Borrower on loan documents on the basis of attested by public notary without sending it to the forensic laboratory – Union Bank of India Vs. Smt. Amna Begam and Ors. – DRAT Allahabad Read Post »