Bombay High Court
Jain Supari Centre, A Partnership Firm, ... vs Shri Rameshlal S/O Motilal Hasoriya And ... on 23 January, 2019
Author: Manish Pitale
Bench: Manish Pitale
1 WP4922-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
Writ Petition No.4922 of 2018
(Jain Supari Centre, A partnership firm and ors. .vs. Rameshlal Motilal
Hasoriya and another )
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Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions Court's or Judge's orders.
and Registrar's orders
Mr. S.V. Purohit, Advocate for Petitioners.
Mr. S.S. Tiani, Advocate for Respondent Nos. 1 and 2.
Mr. A.R. Chutke, AGP for Respondent No.3.
CORAM : Manish Pitale, J.
DATED : January 23, 2019.
In response to order dated 26.11.2018 whereby the subsequently added respondent no.3 i.e. Collector of Stamps, Nagpur, was directed to file an affidavit, an affidavit-in-reply has been filed on behalf of the said respondent, wherein it is stated that a deficit stamp duty of Rs.1,48,350/- and penalty of Rs.1,86,921/- is due and payable in respect of tenancy agreement dated 1.1.2013.
2. Mr. Sitani, learned counsel appearing for respondent nos. 1 and 2, points out that under Section 30 of the Maharashtra Stamp Act, 1958 and the aforesaid tenancy agreement itself, the liability to pay the said amount is on the petitioners and not on respondent nos. 1 and 2. A perusal of the said provision clearly shows that it is the lessee who has to pay the amount towards the stamp duty and in the present case the petitioners being lessee, prima facie, it appears that the liability rests with the petitioners.
3. In this backdrop, Mr. Purohit, learned counsel ::: Uploaded on - 23/01/2019 ::: Downloaded on - 24/01/2019 04:59:22 ::: 2 WP4922-18.odt for the petitioners, submits that the issue pertaining to Section 30 of the aforesaid Act has cropped up for the first time before this Court and, therefore, a short adjournment be granted to respond to the same. List this writ petition on 30.01.2019 for further consideration.
JUDGE halwai ::: Uploaded on - 23/01/2019 ::: Downloaded on - 24/01/2019 04:59:22 :::