Bombay High Court
Vodafone Idea Ltd. (Previously Idea ... vs State Of Maharashtra Thru The Dept. Of ... on 16 March, 2023
Bench: R. D. Dhanuka, Gauri Godse
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rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7762 OF 2022
Vodafone Idea Ltd. (Previously Idea ... Petitioner
Cellular Ltd.)
vs.
State of Maharashtra through the Dept. of ... Respondents
Stamps and Registration and Ors.
Mr. Ashish Kamat, Senior Advocate a/w. Mr. Mihir Tambe, Ms.
Sneha Jaisingh, Ms. Aastha Kaushal and Mr. Yash Arora i/b.
M/s. Bharucha and Partners for the Petitioner.
Mr. V. S. Gokhale, 'B' Panel for Respondent Nos. 1 to 4 - State.
CORAM : R. D. DHANUKA &
GAURI GODSE, JJ.
DATED : 16 MARCH, 2023 P.C. :-
1. Mr Kamat, learned Senior Counsel for the Petitioner invited our attention to the notice dated 25 th April, 2022 issued by the Joint District Registrar Class I and Collector of Stamps, Pune City (Respondent No.2) in Form 4 informing the Petitioner that certain amount is payable towards stamp duty and 25% of due amount would be recovered under Section 174 Digitally signed by RAJESHWARI RAJESHWARI RAMESH of the Maharashtra Land Revenue Act, 1966 ("Maharashtra RAMESH PILLAI PILLAI Date:
2023.03.18 17:42:40 +0530 Land Revenue Code").
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2. He also invited our attention to the order dated 10 th June, 2022 passed by the Deputy Inspector of Registration and Deputy Collector of Stamps, Pune Division, Pune (Respondent no.3) and submitted that matter is remanded to Respondent No.2. He submitted that Respondent no.2 has already heard the matter some time in the month of January 2023. However, there is no order passed till date. He submitted that the Order of attachment-cum-Notice in Form 4 dated 25th April 2022 has to be withdrawn, since the original proceedings were remanded back to the Appellate Authority for fresh consideration.
3. Mr. Gokhale learned 'B' Panel counsel for the State seeks time to take instructions as to whether any fresh order is passed by Respondent No.2 in pursuance of the order of remand passed by the Respondent No. 3 on 10 th June, 2022 and if not passed, as to when the said fresh Order would be passed. Statement is accepted.
4. Since the order dated 10 June, 2022 is passed by the Appellate Authority, remanding the matter back to the Respondent No. 2, we direct that no coercive steps will be taken by the Respondents against the Petitioner. There shall be 3/3 11-WP-7762-2022.doc ad-interim relief in terms of prayer clause c(iii) till further orders which reads as under :
c (iii) restrain the Respondents, particularly Respondent No. 2 whether directly and/or indirectly through its officers and/or agents and/or servants and/ or otherwise from taking any coercive steps whatsoever pursuant to and/or in furtherance of the Impugned Notice.
5. Matter to be placed on Supplementary Board on 29th March, 2023 "For Directions".
(GAURI GODSE, J.) (R. D. DHANUKA, J.)