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Bombay High CourtWP/7410/2018disposed off

M/S Amrut Builders Throu Its Partner Ramesh Mehta v. The State Of Maharashtra Throu Dept. Of Registration And Stamps And ORS

2018-07-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 905-WP7410.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7410 OF 2018 M/s.Amrut Builders ..... Petitioner

VERSUS

The State of Maharashtra & Ors.

..... Respondents Mr.Ashok Gade for the Petitioner.

Mr.S.D.Rayrikar, A.G.P. for the State - Respondent nos. 1 to 4. CORAM :

R.D. DHANUKA, J.

DATE :

18th JULY, 2018 P.C.

Mr.Rayrikar, learned A.G.P. for the respondent nos. 1 to 4 states that the Appeal No.195 of 2017 filed by the petitioner under section 53(1)A of the Maharashtra Stamp Act would be disposed of by the respondent no.2 within four weeks from the date of the first hearing. Statement is accepted.

2.

Learned counsel for the petitioner states that during the pendency of the said appeal and for a period of two weeks thereafter from the date of communication of the order, the petitioner will not create any third party rights in respect of the property in respect of which demand is raised by the respondents. Statement is accepted as an undertaking to this court.

3.

In view of the undertaking rendered by the learned counsel for the petitioner, the respondents shall not take any coercive steps against

kvm 2/2 905-WP7410.18 the property of the petitioner during the pendency of the said appeal and for a period of two weeks from the date of communication of the said order if the same is adverse against the petitioner. 4.

The petitioner is directed to appear before the respondent no.2 on 31st July, 2018 at 11.00 a.m. and would not seek any adjournment. 5.

The appellate authority shall pass an order on its own merits. 6.

This court has not expressed any views on the merits of the matter.

7.

The order shall be communicated to the petitioner by the appellate authority.

8.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

9.

The parties to act on the authenticated copy of this order. [R.D. DHANUKA, J.] Digitally signed by Kanchan Vinod Mayekar Date:

2018.07.20 12:55:15 +0530 Kanchan Vinod Mayekar