Serial number of Notorisation including the number of the Register maintained by the Notary public to be disclosed in the notorised document
The defendant No.1 has contended that the declarations
which are shown to be notorised were not indeed signed by her before
any Notary. Defendant Nos. 3 and 4 have filed affidavits in that behalf.
It is of course not known how defendant Nos.3 and 4 would be in a
position to mention about the bonafides of the transaction between the
plaintiff and the defendant No.1. They have produced the letter of the
Notary stating that the documents were not executed in their presence
and were not registered in the Notarial Register. Of course the statutory
requirement under the Notories Act read along with the Government
Circular dated 18 December 2001 mandatorily requires the Serial
number of Notorisation including the number of the Register maintained
by the Notary public to be disclosed in the notorised document which is
not shown in this case. The absence of this mandatory particulars
themselves may rule out notorisation of the document. The declarations
must, therefore, be taken not to have been notorised. (See Bipin
Ganatra vs. Keshavrao J. Bhosle 2009 (3) Bom. C.R. 363 and KBC
Picture vs. A.R. Murgadoss & Ors, 2009 (2) All MR 108)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1443 OF 2006
