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Bombay High CourtWP/537/2018

Jsw Steel (Salav) Ltd. (Formerly Known As Welspun Maxsteel Ltd.) v. The State Of Maharashtra And 2 ORS

2018-02-07Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

Megha 911_wpl_276_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL APPELLATE JURISDICTION WRIT PETITION (L) NO.276 OF 2018 Jsw Steel (Salav) Ltd.

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. S.B. Talekar with Ms Pinky Jessaja and Mr. Jitendra Motwani i/b. M/s. Talekar and Associates for the Petitioner. Mr. H.S. Venegaonkar, Additional GP with Mr. T.V. Dhotre for the State. CORAM : RANJIT MORE AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 7th FEBRUARY, 2018.

P.C.:- Mr. Talekar, having taken instructions from his client makes a statement that the Petitioner at this stage does not wish to press the relief claimed in prayer clauses (a), (b) and (c). He, therefore states that at this stage, the Petitioner would be satisfied, if the Appellate Authority is directed to decide their appeal expeditiously and if the stamp duty as per the order of the Respondent No.3 is not demanded during the pendency of the said appeal.

2.

Mr. Venegaonkar, the learned Additional Government Megha 1/2

Megha 911_wpl_276_2018.doc Pleader, having taken instructions from his client submits that he has no objection if the Appellate Authority is directed to decide the Petitioner's appeal expeditiously. He also states that during the pendency of the appeal they will not insist to deposit/payment of stamp duty as per the order of the Respondent No.3. Statements made by the counsels for the respective parties are accepted. 3.

In the light of above, we dispose of this Petition in following terms:

(i) The Respondent No.2 is directed to dispose of the Petitioner's appeal under Section 53(1)(a) of the Maharashtra Stamp Act, 1958 as expeditiously as possible and in any case within a period of six months from the date of receipt of copy of this order. (ii) During the pendency of the said appeal, the Respondents shall not recover or demand the amount of stamp duty from the Petitioner as per the order dated 21st January, 2016 passed by the Respondent No.3 in Proceedings No.491 of 2009.

(SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha 2/2