Synechron Technologies Pvt. Ltd. v. Chief Controlling Revenue Auth. Pune And ORS

1 909.7969.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7969 OF 2019 Synechron Technologies Pvt. Ltd.

.....Petitioner V/s.

Chief Controlling Revenue Auth. Pune .....Respondents and others Mr. M. M. Vashi Senior Advocate i/b Mr. M. P. Vashi & Associates for the Petitioner Mr. S. S. Panchpor AGP for the State Mr. Satadru Sinha, Senior Director & Head Admin of Synechron Technologies Pvt. Ltd.

CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 19, 2019.

P.C.

This petition can be conveniently disposed of with following order.

Impugned in the petition is an order of Jt. District Registrar, Collector of Stamps, Pune, passed on 06/12/2018 thereby ordering the petitioner to pay an amount of Rs. 491.01 Lakhs towards default in payment of stamp duty on an instrument.

2 909.7969.19 wp.doc The submissions of the learned senior counsel Shri. Vashi are, Appeal is already pending which was initiated in December 2018 and the petitioner moved an application for grant of stay before Appellate Authority. During pendency of the said application, Authorities have sealed the bank accounts of the petitioner, as a consequence of which, petitioners are unable to discharge their financial obligation towards their staff and clients. The learned senior counsel on instructions from the Authorised Officer of the petitioner submits that the petitioner shall furnish bank guarantee of amount of Rs. 1.5 Crores within period of one week from today in favour of Registrar of Stamps, which can be encashed, in case if the Appellate Authority decides the Appeal against the petitioner.

The submissions are opposed by the learned AGP on the ground that this Court should be slow in interfering in fiscal matters. It is not in dispute that Appeal and the application for stay is pending and the Appellate Authority has not yet decided the fate of

3 909.7969.19 wp.doc the petitioner on the issue of grant of stay. The bonafides demonstrated by the petitioner by furnishing bank guarantee of Rs. 1.5 Crores within period of one week from today, alongwith an undertaking to this Court, in case if final adjudication goes against the petitioner, financial liability against the petitioner will be satisfied immediately, is accepted. Appellate Authority is directed to decide stay application or the Appeal expeditiously and in any case not beyond period of 3 months from the date of communication of this order. Subject to petitioner furnishing bank guarantee for an amount of Rs. 1.5 Crore and an undertaking as directed herein above, it is ordered that the accounts of the petitioner which are sealed for non payment of stamp duty be de-sealed.

Petition stands disposed of in the above terms. [NITIN W. SAMBRE, J.]