Bombay High Court
Jain Supari Centre, A Partnership Firm, ... vs Shri Rameshlal S/O Motilal Hasoriya And ... on 26 November, 2018
Author: Z.A.Haq
Bench: Z.A. Haq
1 wp4922.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4922/2018
Jain Supari Centre & ors.
..VS..
Shri Rameshlal S/o Motilal Hasoriya & anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri S.V. Purohit, Advocate for the petitioner(s)
Shri S.S. Sitani, Advocate for the respondent nos. 1 and 2
CORAM : Z.A.HAQ, J.
DATED : 26/11/2018 Heard.
The petitioners (original defendants) have challenged the order passed by the trial Court by which their application (Exh. 39) praying that the proceedings of the civil suit be kept in abeyance till the document which is sent to the Collector of Stamps for impounding is received back, is rejected. The submission on behalf of the defendants is that the plaintiffs have not complied with the necessary formalities and the amount required for impounding of the document is not deposited by them.
The learned advocate for the respondents - plaintiffs has submitted that the plaintiffs have complied with all the necessary formalities.
By the order dated 06/02/2018 passed by the trial Court on the application (Exh. 26), it was directed that after recovery of the deficit stamp duty with penalty, the ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 01:34:00 ::: 2 wp4922.18 Collector shall return the said agreement to the Civil Court within 30 days.
In the circumstances, the following order is passed: -
(a) The petitioners to implead the Collector of Stamps, Nagpur as the respondent no. 3 in this writ petition.
Shri J.Y. Ghurde, learned AGP waives notice for the respondent no. 3.
(b) The Collector of Stamps shall file an affidavit till 06/12/2018 pointing out the stage at which the matter is pending in his office.
List the petition for further consideration on 11/12/2018.
JUDGE Ansari ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 01:34:00 :::