Calcutta High Court
Chandra Prakash Jhunjhunwala vs The Nuclear Power Corporation Ltd on 26 June, 2018
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OD-10
ORDER SHEET
CS 221 of 2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CHANDRA PRAKASH JHUNJHUNWALA
Versus
THE NUCLEAR POWER CORPORATION LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 26th June, 2018.
Appearance:
Mr. Rajiv Lall, Adv.
Mr. Deobrat Upadhyay, Adv.
...for the plaintiff Mr. Chayan Gupta, Adv.
Mr. Raj Kumar Basu, Adv.
...for the defendant The Court : As submitted by counsel appearing for the plaintiff today, the first line of the order dated 19th June, 2018 should read as "Counsel for the defendant raises a point with regard to the admissibility of a lease deed ..."
Let the said correction be incorporated in the order dated 19th June, 2018.
Counsel appearing for the plaintiff submits, on instruction, that the lease deed which has been the subject matter of controversy should be taken back and adequately stamped and registered so that the said document may be relied upon as an exhibit in the evidence of the plaintiff's witness. 2
On perusal of Section 33 of the Indian Stamp Act, 1899, it appears that if an instrument has not been duly stamped, every person or authority being entitled to receive evidence shall impound the said document. However, under Section 33 (2)(b), a Judge of a High Court can delegate the power of examining and impounding any instrument which has not been duly stamped to an Officer appointed for this purpose.
In view of the above, the Registrar, Original Side is appointed to examine and impound the lease deed dated 25th August, 1988 which was sought to be relied upon by the counsel for the plaintiff in the examination-in-chief on 18th June, 2018. The Registrar, Original Side shall proceed in accordance with the provisions of The Indian Stamp Act, 1899 as well as relevant entries of the Stamp Duty Manual, West Bengal as well as any other relevant statutes which may be applicable in the instant case. The Registrar is also at liberty to adjudicate upon the penalty involved or refer the said issue as provided under The Indian Stamp Act, 1899.
Since the examination in chief has already commenced, it is expected that the aforesaid exercise will be completed within a reasonable period of time.
It is recorded that the original lease deed is in the possession of the counsel appearing for the plaintiff.
(MOUSHUMI BHATTACHARYA, J.) sp3