Bombay High Court
Damayanti M. Pittie vs 1(A)Maheshchanraj Agarwal And Ors. on 3 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
1-S-224-1961.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
SUIT NO. 224 OF 1961
DAMAYANTI M. PITTIE )...PLAINTIFF
V/s.
MAHESHCHANRAJ AGARWAL AND OTHERS )...DEFENDANTS
WITH
NOTICE OF MOTION NO. 2961 OF 2016
WITH
NOTICE OF MOTION NO. 2959 OF 2016
WITH
INTERIM APPLICATION (L) NO. 29013 OF 2024
WITH
NOTICE OF MOTION (L) NO.916 OF 2018
WITH
JUDGE'S ORDER (L) NO. 78 OF 2019
IN
SUIT NO. 224 OF 1961
WITH
CHAMBER SUMMONS NO. 807 OF 2018
IN
NOTICE OF MOTION NO. 2961 OF 2016
AND
CHAMBER SUMMONS NO. 810 OF 2018
IN
NOTICE OF MOTION NO. 2959 OF 2016
Mr.Zal Andhyarujina, Senior Advocate, a/w. Tavleen Saini i/by
Crawford Bayley & Co., Advocate for the Applicant /Petitioner in
IAL/29013/2024.
Mr.Naushad Engineer, Senior Advocate, a/w. Ms.Shreya Jha, Mr.Abhay
Digitally
signed by
ARTI
ARTI
VILAS
VILAS
KHATATE
KHATATE Date:
Jadeja, Mr.Arun Unnikrishnan and Ms.Urvi Gulechha i/by Jadeja &
2025.07.03
20:36:27
+0530
Satiya, Advocate for the Defendants no.1(c), 1(d), 3A, 3B, 4A, 5 and 6.
Mr.Jitendra Mishra, Advocate for the Applicant in CHS/807/2018 and
CHS/810/2018.
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1-S-224-1961.doc
Mr.Vikrant Parashurami, Assistant Government Pleader, Original Side,
for the State, present in Court.
Mr.N.C.Pawar, Court Receiver, present in Court.
Mr.Z.A.Shaikh, Master & Assistant Prothonotary (Admn.), Decree
Department, present in Court.
CORAM : ABHAY AHUJA, J.
DATE : 3rd JULY 2025 P.C. :
1. This submission has been placed before this Court seeking a direction to the Chief Controlling Revenue Authority, Pune (CCRA) to decide the Appeal filed by the Defendant no.5 challenging the order dated 6th January 2022 passed by the Collector of Stamps, Enforcement-I, Mumbai.
2. It has been submitted that the said Appeal has been pending since the year 2022 and the Suit has been disposed of by an order of 2 nd May 2008 in terms of the Consent Terms. That, pursuant to an application for drawing up of the decree, the Decree department had completed all the procedural formalities and forwarded the original unsealed engrossed consent decree dated 3 rd April 2013 to the office of the Collector of Stamps for adjudication of stamp duty, after which, avk 2/3 ::: Uploaded on - 03/07/2025 ::: Downloaded on - 01/08/2025 22:01:42 ::: 1-S-224-1961.doc adjudication order was passed on 6 th January 2022 whereby the Defendant no.5 was directed to deposit Rs.3,70,75,273/- along with penalty of Rs.4,88,12,747/- and that the Appeal that is pending before the CCRA is against the said order.
3. Mr.Vikrant Parashurami,, learned AGP on behalf of the State submits that once directions are given by this Court, he will convey the same to the CCRA.
4. Considering that the stamping of the drawn up decree is pending since 2013 and the Appeal has been pending since 2022, the CCRA, Pune, is directed to decide the Appeal within a period of six months after notifying all the concerned parties and following appropriate procedure after following the principles of natural justice.
5. The submission, accordingly, stands disposed.
6. Let the learned AGP communicate this order to the CCRA, Pune, as soon as possible.
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