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High Court of DelhiEFA(OS) (COMM)/4/2024

Omaxe Ltd. v. Joginder Singh Nijjar & ANR.

2024-02-26Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~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

O R D E R

% 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 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 28/02/2024 at 11:23:37

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 firstmentioned 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 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 28/02/2024 at 11:23:37