Dear Sirs/ Madam,
Matters pertaining to signing of the three different agreements which are (i) Broker Client Agreement BSE (ii) Broker Client Agreement NSE (iii) DP Client Agreement.. It is to mention that in the instant case the Broker & DP is a Pvt. Ltd. Company and each agreement is part of a printed booklet .
The Client signed all the forms in full and submitted to broker’s office for onward transmission to the Head office of the broker/DP in Mumbai .
Then the desired Trading & DP account were opened.
No copy of any of the agreements was delivered to the client.
Subsequently, unauthorized transactions occurred in the account in question.
Compliant lodged to the broking/DP Company, Depository & Regulator.
Copies of all documents as furnished were sought with certification or attestation from the Broking/DP company.
Being pressurized or instructed by the Depository, the broker/DP Company supplied
the photocopies through courier vide a forwarding letter to me but without any attestation or authentication of the photocopies.
Now on receipt of the same it is found that:
(doubtful features of agreement specific)
(i) Broker-Client BSE: Client being one of the Parties signed the printed agreement in full.
The other Party put simply one initial with a round seal in the place required to be
signed for and on be half of the company.
(ii)Broker-Client NSE: Same as above.
(iii)DP-Client: Client being one of the Parties signed the printed agreement in full
The other Party put neither signature nor initial in the place required to be signed for and on be half of the company .
The date of agreement in all the documents are of two years back where as Stamp duties in all the documents were paid by putting a seal of recent date over all the agreements i.e there is two years difference between the date of payment of stamp duty and the date of execution
Witnesses don’t have addresses either.
Now the queries are:
a)Whether or not these agreements are valid.
b)The lacuna or loopholes in the agreements in question.
c)What is the impact of paying stamp duty at a later date?
d)Is there any leading case in this regard?
e)Do mere photocopies given without attestation/authentication have any value in Indian Evidence Act?
Kindly render your helping hand to resolve my problem.
With regards.
