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Bombay High CourtCA/2523/2019disposed offdismissed for default

Sameer Ramanlal Bhandari Proprietor Of Bhandari Group v. The Deputy Inspector General Of Registration And Deputy Collector Of Stamp Latur And Others

2019-02-22Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2523 OF 2019 (Sameer Ramanlal Bhandari, Proprietor of Bhandari Group Vs. The Deputy Inspector General of Registration and others) IN WRIT PETITION NO.12220 OF 2018 Mr.Amol K.Gawali, Advocate for the applicant. Mr.S.R.Yadav, AGP for respondent/State.

( CORAM : Ravindra V.Ghuge, J.) DATE : 22/02/2019 PER COURT :

1.

Learned Advocate for the petitioner/applicant submits that the order dated 08/02/2019 has been complied with and the amount of Rs.1,10,000/- has been deposited in the bank account so as to maintain the balance of Rs.7,50,000/- in the said account, until further orders from this Court. He submits that the respondents have also complied with the directions set out in the order dated 08/02/2019.

2.

The learned AGP has filed an affidavit in reply. He submits that the amount deposited by the petitioner in this Court be transmitted to respondent No.2 since the issue involved attracts a penalty @ 2% p.m. in view Section 32-A(2) of the Maharashtra Stamp Act. If the amount is so transmitted, the petitioner's liability would khs/FEB.2019/2523-d

- 2 - decrease. Learned Advocate for the petitioner submits that the said amount can be transmitted and such deposit would be subject to the result of the petition.

2.

Considering the above, the Registry is directed to transmit Rs.10,00,000/- deposited by the petitioner in this Court to respondent No.2 Joint District Registrar and District Collector of Stamps, Parbhani, with accrued interest, if any. This civil application is, therefore, disposed off.

3.

The learned AGP prays that the amount of Rs.7,50,000/- also be transmitted to respondent No.2. Learned Advocate for the petitioner submits that he would take instructions as to whether the amount of Rs.7,50,000/- maintained in the Bank could also be transmitted to respondent No.2.

4.

List the writ petition for admission hearing on 19/03/2019 in the "Urgent Admissions Category".

5.

Needless to state, the issue of maintaining the balance of Rs.7,50,000/- in the Bank would be considered on the next date. ( Ravindra V.Ghuge, J.) khs/FEB.2019/2523-d