Gartner India Research And Advisory Services Pvt Ltd v. State Of Maharashtra And 2 ORS

Megha 13_ia_4659_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4659 OF 2022 IN WRIT PETITION NO.477 OF 2020 Gartner India Research & Advisory Services Private Limited ...Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

...

Ms Nidhi Asher, Ms Arushi Poddar i/b. M/s. Cyril Amarchand Mangaldas for the Applicant.

Ms. Jyoti Chavan, AGP for Respondent-State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th NOVEMBER, 2022.

P. C. :- 1.

The Applicant has sought refund of Rs.23,41,54,800/- deposited before this Court pursuant to order dated 18/10/2019. 2.

The challenge in the Writ Petition was to the order dated 19/08/2019. The Petitioner had also challenged the impugned order before Respondent No.3- Chief Controlling Revenue Authority Controller of Stamps, Pune. The petition came to be disposed of vide order dated 30/06/2022 with directions to Respondent No.3 to decide the appeal expeditiously. The amount deposited by the Petitioner in by MEGHA S PARAB Date:

2022.11.17 10:46:48 +0530 MEGHA S PARAB 1/2

Megha 13_ia_4659_2022.doc compliance of order dated 18/10/2019 was made subject to outcome of the appeal.

2.

Learned counsel for the Petitioner states that the appeal has been decided by order dated 13/09/2022. Copy of the said order is placed on record. Perusal of the said order reveals that the appeal has been allowed and market value of the property is fixed at Rs.226,35,99,958/-. The stamp duty payable is Rs.1,58,45,199/-. The Petitioner has already deposited the said amount and the challan (ereceipt) is at page 62. 3.

Considering the above facts and circumstances, the amount of Rs. 23,41,54,800/-, which was deposited before this Court pursuant to order dated 18/10/2019 is ordered to be refunded to the Petitioner along with interest accrued thereon.

4.

Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2