Mahindra Cie Automotive Limited And ANR v. State Of Maharashtra, Through Dept Of Registration Of Stamps And ORS

skc 902-wp-7682-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7682 OF 2014 Mahindra CIE Automotive Limited & Anr.

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Petitioners vs.

State of Maharashtra & Ors.

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Respondents Mr. Simil Purohit with Mr. Raj Panchmatia, Mr. Peshwan Jehangir and Mr. Himanshu Vidhani i/b. Khaitan & Co. for Petitioners. Ms Vaishali Nimbalkar - AGP for Respondent Nos. 1 to 4. Mr. Ajay Jadhav - Deputy Superintendent of Stamps present. CORAM : M. S. SONAK, J.

DATE: 28 JANUARY 2015 P.C. :- 1] Heard the learned counsel for the parties.

2] The learned AGP, upon instructions from Mr. Ajay Jadhav - Deputy Superintendent of Stamps, who is personally present in Court, agrees to making of the following order: (a) Communication dated 24 July 2014 (Exhibit 'L' page 145 to the petition) is set aside;

(b) In pursuance of show cause notice dated 6 January 2012 (Exhibit 'F' page 105 to the petition), the petitioners shall be offered opportunity of being heard by the Collector or any other Competent Officer under the provisions of the Maharashtra Stamp Act, 1958 and the Collector or such 1/2

skc 902-wp-7682-14 Competent Officer shall determine the stamp duty payable in respect of the instrument, in question;

(c) The petitioners shall appear before the Collector of Stamps, Mumbai on 10 February 2015 at 11.00 a.m. (d) The Collector of Stamps, Mumbai shall dispose of the proceedings as expeditiously as possible and in any case within 45 days from the date of the first hearing. 3] With the aforesaid, the present petition is disposed of. 4] All parties to act on the basis of an authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2