The Chief Controlling Revenue Authority And ORS. v. Balmer Lawrie And Co. Ltd. And ORS.

cal-70-14-(17)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 70 OF 2014 IN LETTERS PATENT APPEAL NO.37 OF 2014 The Chief Controlling Revenue Authority & Ors. ..Applicants Vs.

Balmer Lawrie & Co. Ltd. & Anr ..Respondents Ms Kavita Solunke AGP for State/ Applicant Dr. Birendra Saraf a/w Mr. Jonathan Jose i/b Udwadia Udeshi & Argus Partners for the Respondents CORAM :R. M. SAVANT, & SMT. SADHANA S JADHAV JJ DATE : 4th JULY, 2017 P.C.

By the above Civil Application, the Applicants / Appellants i.e. the Chief Controlling Revenue Authorities and Ors., seek stay of the execution and implementation of the judgment and order dated 14-12-2011 passed in Writ Petition No.4866 of 2002. The said Writ Petition was part of a group of Petitions involving a common issue. The Learned Single Judge of this Court by the said judgment and order dated 14-12-2011 has allowed the said Petitions and has thereby set aside the orders passed by the Respondent. However, in so far as the amount of Rs.1 crore is concerned, the Learned Judge had granted stay of 12 weeks. The Division Bench of this Court in the above Civil Application which at the relevant time was on stamp number passed an order dated 5-9-2014, whilst admitting the above LPA and issued directions in the mmj

cal-70-14-(17) above Civil Application that the amount of Rs.1 crore deposited with the Collector of Stamps shall be appropriated by the Respondent towards the payment of stamp duty on the lease deed which was by then executed between the Petitioners and CIDCO. In view of the said order dated 5-9-2014, the relief sought vide the above Civil Application has turned infructuous. The Civil Application is accordingly disposed of as being turned infructuous. [SMT SADHANA JADHAV, J] [R.M.SAVANT, J] mmj