Praman Infrastructure Private Limited v. The State Of Maharashtra And ORS.

23 caw 203-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 203 OF 2019 IN WRIT PETITION NO. 6537 OF 2017 Praman Infrastructure Private Ltd.

..Applicant In the matter between Praman Infrastructure Private Ltd.

..Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Ankit Lohia a/w. Atul Kshatriya, Adv. Sanmish Gala, Adv. Jigar Shah I/b. Markand Gandhi & Co. for the Petitioner. Mr. Suchin Kankal for the Respondent Nos.1 to 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 28th JANUARY, 2019.

P.C.

1.

The petitioner has challenged the Order dated 1st April, 2017, passed by the respondent no.2 in Revision Application No. 72 of 2014, whereby the petitioner has been directed to pay revised stamp duty of Rs.52,44,075/- and as fault levied stamp duty with penalty of Rs.4,19,523/- on the registered deed of conveyance dt. 15.09.2009. 2.

The learned Counsel for the petitioner submits that the petitioner had paid the stamp duty as adjudicated by the Collector of pps

23 caw 203-19.doc Stamps under Section 33 of the Stamps Act.

3.

He has submitted that upon receipt of Notice under Section 53A of the Act, the petitioner attended the hearing and brought to the notice of the respondent that the lease hold land was impacted by Coastal Zone Regulations. He contends that the contentions raised by the petitioner have not been considered solely on the ground that the same is not reflected in the recitals of the conveyance, even though D.P. Remark was annexed to the conveyance. 4.

He further submits that during the pendency of the petition, the respondents have already attached two bank accounts of the petitioner and have recovered Rs.31000/-.

5.

Considering the above statements, the parties are directed that no coercive action be taken till the next date. The main petition which also contains prayer for interim relief be listed for admission after two weeks.

6.

Civil Application stands disposed of in above terms. (ANUJA PRABHUDESSAI, J.) pps