Supreme Court - Daily Orders
Ramesh Mishrimal Jain vs Avinash Vishwanath Patne on 18 November, 2020
Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah
ITEM NO.3 Court 6 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL)...... Diary No(s).8427/2020
(Arising out of impugned final judgment and order dated 29-08-2019
in WP No.3246/2016 passed by the High Court Of Judicature At
Bombay)
RAMESH MISHRIMAL JAIN Petitioner(s)
VERSUS
AVINASH VISHWANATH PATNE & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.80500/2020-CONDONATION OF DELAY
IN FILING and IA No.80501/2020-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.80502/2020-EXEMPTION FROM FILING O.T.)
Date : 18-11-2020 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ASHOK BHUSHAN
HON'BLE MR. JUSTICE R. SUBHASH REDDY
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s)
Mr. Cheitanya Madan, Adv.
Ms. Akriti Chaubey , AOR
Ms. Roohina Dua, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner submits that Explanation I of Article 25 of the Bombay Stamp Act was not attracted in the present case, since the petitioner was already in possession as a tenant and possession was not transferred to the purchaser on the agreement to sell. He submits that no stamp duty is payable. He further submits that judgment of this Court reported in (1999) 5 Signature Not Verified Digitally signed by ARJUN BISHT Date: 2020.11.18 SCC 725 (Veena Hasmukh Jain and another vs. State of Maharashtra 16:23:37 IST Reason:
and others) is distinguishable and not applicable in the facts of 1 the present case.
Delay condoned.
Issue notice.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
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