take over the company. But there is nothing on record to establish that defendant No.3 had any connecting whatsoever with Indo Travel Services Pvt. Ltd. A private limited company is having a separate legal entity. On behalf of M/s Indo Travel Services, Mr. Rajindra Bhanot, Managing Director had signed the counter guarantee. If the other two persons were also to sign as guarantor, that should have been mentioned as parties 1, 2 and 3. Ordinarily, when a document is prepared, when there are three executants, they will be shown number wise just below one by one, but in this case, it is clear that Sh. Rajindra Bhanot was to sign as an executants and thereafter, the other two persons had to sign as witnesses. It is clear that the word „witness‟ was scored subsequently. The scoring subsequently. The scoring is not authenticated by the executants. Therefore, I find that defendant No.3 and Managing Director of Lamba Foreign Travels Pvt. Ltd. did not sign the counter guarantee as an executant, but they had signed only as witness. Therefore, defendant No.3 did not sign the counter guarantee as an executant, but he had signed only as a witness. Therefore, defendant No.3 was not a guarantor to the guarantee offered by State Bank of India.
