Forensic examination of documents denied where no prima facie probability of forgery, delay or lack of particulars can bar expert testing.

Forensic examination of disputed documents will be ordered only where the applicant establishes a prima facie probability of fabrication or forgery supported by timely action and sufficient factual particulars; mere bald allegations, long delay in raising the challenge, absence of admitted signatures or contemporaneous particulars, and documentary records of regular statutory filings do not justify expert analysis. The tribunal exercised discretion and, finding no persuasive factual basis and that the application was vexatious and intended to delay, dismissed the request for forensic examination and awarded costs to the respondents.

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Issues: Whether the disputed documents and board minutes filed by the respondents should be summoned and sent for forensic examination to determine authenticity and forgery.

Analysis: The application challenged documents which were filed in the proceedings in 2007 and which appear in statutory filings over a long period; respondents produced records for authentication in 2007 and before the Bench Officer. The petitioner delayed raising the challenge for several years despite knowledge of the documents, did not place admitted signatures or contemporaneous particulars before the Bench, and offered only bald allegations without particulars demonstrating a prima facie probability of forgery. The petition concerns allotments and statutory filings spanning decades and the record shows regular statutory filings and income/wealth tax returns reflecting the challenged entries. The Bench applied its discretion to consider whether the material facts and probabilities justified expert examination and found no persuasive factual basis necessitating forensic analysis; the application was assessed as an attempt to delay final disposal and as vexatious in the interlocutory context.

Conclusion: The application seeking forensic examination of the disputed documents is dismissed with costs of Rs. 50,000/- to be paid to respondents 2-5.

Ratio Decidendi: A tribunal will order forensic examination of disputed documents only where the applicant establishes a prima facie probability of fabrication or forgery with timely action and sufficient factual particulars; mere bald allegations or long delay and'absence of admitted signatures do not justify expert examination.

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