Delhi High Court - Orders
Omaxe Ltd vs Joginder Singh Nijjar & Anr on 26 February, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru, Tushar Rao Gedela
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) (COMM) 4/2024 and CM Nos.11651/2024 &
11652/2024
OMAXE LTD. ..... Appellant
Through: Mr Ramesh Singh, Senior Advocate
with Mr Mukti Bodh, Ms Neha
Chaturvedi and Ms Hage Namya,
Advocates.
versus
JOGINDER SINGH NIJJAR & ANR. ..... Respondents
Through: Ms Shobhana Takiar, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 26.02.2024
1. The appellant has filed the present appeal against a common order dated 24.01.2024 passed by the learned Single Judge of this Court in OMP(ENF.)(COMM.) 55/2021 and eight other petitions. However, the appellant has confined the present appeal insofar as the impugned order relates to OMP(ENF.)(COMM.) 55/2021.
2. In terms of the said order, the learned Single Judge had rejected the appellant's contention (who are arrayed as 'the judgment debtor') that the respondents (award holders) were required to deposit penalty of a sum equal to ten times the deficiency of stamp duty.
3. One of the principal questions that arises for consideration is whether the present appeal is maintainable.
4. Mr. Ramesh Singh, learned senior counsel readily concedes that the appeal is not maintainable under Section 13(1A) of the Commercial Courts This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2024 at 22:33:00 Act, 2015. He, however, submits that it would be maintainable under Section 61 of the Indian Stamp Act, 1899.
5. A plain reading of Section 61 of the Indian Stamp Act indicates that it does not contemplate any appeal by a party to a lis. It merely provides that "the Court to which appeal lies from, or references are made by, such first- mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration".
6. The present appeal is, thus, not maintainable and is, accordingly, dismissed.
7. All pending applications are also disposed of.
VIBHU BAKHRU, J TUSHAR RAO GEDELA, J FEBRUARY 26, 2024 RK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2024 at 22:33:00