M/S. Rizvi Builders, Through Prop. Mr. Akhtar Hasan Rizvi v. The Inspector General Of Registration, Pune And ANR

rpwst-19745-15-(9)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST NO.19745 OF 2015 IN WRIT PETITION NO. 312 OF 2014 M/s. Rizvi Builders ..Petitioner Vs.

The Inspector General of Registration Pune & Anr.

..Respondents Mr. P. G. Lad a/w Mr. Mahesh Mishra i/b Mr. Ravi Thankaian for the Petitioner Mr. P. G. Sawant AGP for the Respondent Nos.1 and 2 CORAM :

R. M. SAVANT, J.

DATE :

15th OCTOBER, 2015 P.C.

The above Review Petition has been filed seeking review of the order dated 22-2-2014 passed by this Court in the above Writ Petition No.312 of 2014. The order passed by the Chief Controlling Revenue Authority Maharashtra State, Pune, under the Bombay Stamp Act holding that the Petitioner is liable to pay deficit stamp duty to the extent of Rs.66,00,600/- , came to be confirmed by this court by the said order. Against the said order dated 22-1-2014, the Petitioner had carried the matter to the Apex Court by way of an SLP being No.7221 of 2014. The said SLP was withdrawn on the ground that the Petitioner would like to move a Review Petition before this Court for which permission was granted, that is how the present Review Petition has been filed.

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rpwst-19745-15-(9) It is the contention of the Learned Counsel appearing for the Petitioner that the benefit of 33% depreciation on account of pending litigation has not been extended to the Petitioner whilst arriving at the market value of the property in question. That aspect has been dealt with by the authorities below and has also been dealt with by this Court in the said order dated 22-12014. Having heard the Learned Counsel for the Petitioner and having perused the grounds of review, the Learned Counsel for the Petitioner virtually wants to re-argue the Petition which is not permissible. No ground for review under any of the eventualities mentioned in Order 47 of the Civil Procedure Code. The Review Petition is accordingly dismissed. [R.M.SAVANT, J] mmj