M/S. Global Softech Ltd. v. The State Of Maharashtra Through The Govt. Pleader And ORS.

1 21) wp5196-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5196 OF 2019 Global Softech Limited ..Petitioner.

V/s.

The State of Maharashtra & Ors.

..Respondents.

Mr.Rajesh Singh with Ms.Priti R.Mahajan for the petitioner. Mr.S.H.Kankal, AGP for respondent Nos.1 to 6. CORAM: NITIN W.SAMBRE, J.

DATE : JUNE 19, 2019 P.C.:- This petition can be conveniently disposed of in view of the fact that the pursuant to the order under section 32(A) of the Maharashtra Stamp Act, 1958 ('the Act' for short), the authorities, on failure to deposit the said amount, had sealed the factory premises of the petitioner.

2.

Against the liability assessed against the petitioner under section 32(A) of the Act, the petitioner has deposited in this Court on May 10, 2019 an amount of Rs.12,63,300/- vide cheque

2 21) wp5196-19.doc No.218254, which I am informed is already encashed. 3.

In view of the aforesaid, the petitioner appears to have satisfied the liability to the extent of the principal amount. 4.

In the wake of above, the petitioner, in my opinion, is entitled for an order of release of his property which is sealed by the respondents under section 46 of the Act.

5.

As such, it is directed that the factory premises of the petitioner sealed pursuant to an order dated January 4, 2018 under section 32A of the Act be de-sealed forthwith. The petitioner is directed to deposit the balance amount within a period of six months from today. In case if any proceedings are taken out by him against the order under section 32A of the Act and the same is allowed, the petitioner will be allowed to claim the said amount from the respondents.

6.

With the above observations, the petition stands disposed of.

7.

Liberty to the petitioner to take out such other proceedings as are permissible under the provisions of the Act. (NITIN W.SAMBRE, J.)