Bombay High CourtCAL/63/2014

M/S Aakash Lavlesh Leisure Pvt Ltd v. The State Of Maharashtra

2015-03-18Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice Naresh H. Patil2 pages

1/2 901.63.14 CAL.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 63 OF 2014 IN LETTERS PATENT APPEAL NO. 143 OF 2010 IN WRIT PETITION NO. 4084 OF 2009 M/s Aakash Lavlesh Leisure Pvt. Ltd and another ...Applicants In the matter between:- M/s Aakash Lavlesh Leisure Pvt. Ltd. and another ....Applicants V/s The State of Maharashtra and others

...Respondents.

Mr. Anil R. Mishra a/w Ms. Sneha Dedhiya for the applicants. Mr. Vikas Mali AGP for the State.

CORAM :

NARESH H. PATIL AND V.L. ACHLIYA, JJ.

DATED :

18th March 2015.

P.C.

1) Heard.

2) Unfortunately, applicant, in spite of putting efforts, could not get subject documents registered. We have perused the order dated 13/06/2014 passed by Division Bench of this Court in Civil Application No. 50 of 2014. Learned AGP submits that section 23 to 25 of the Registration Act, 1908 are relevant. Learned AGP submits that applicants will have to pay stamp duty fees and registration fees as per present rate.

2/2 901.63.14 CAL.sxw 3) Learned counsel appearing for the applicants submits that document was signed by the parties and under the Court's orders passed earlier, document ought to have been executed in accordance with the rates as determined at the relevant time.

4) We direct respondent Sub-Registration Office Andheri-1 to register the subject document 'Deed of Assignment' dated 02/04/2007 as per the stamp duty as charged earlier. It is directed that Registration Authority shall register the deed of conveyance within 4 months from today when the parties to the conveyance present the document for registration and admit the execution thereof. Time for registration is extended to that extent. If there is a change in the name of trustee and the change report is accepted by the appropriate Authority, then the applicants are entitled to present it before Sub-Registrar who would then admit the execution. 5) Civil Application is disposed of.

(V.L. ACHLIYA, J.) (NARESH H. PATIL, J.) ism