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Bombay High CourtCA/13569/2017disposed offdismissed for default

Mohd Nadir Yunus Mamdani And Others v. The State Of Maharashtra And Others

2017-11-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca13569.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13569 OF 2017 IN WRIT PETITION NO. 12623 OF 2016 Mohd. Nadir Yunus Mamdani & Ors.

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Petitioners

Versus

The State of Maharashtra & ors.

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Respondents Mr.D.P. Palodkar, Advocate for the applicants. Ms.R.P. Gaur, AGP for respondent/State.

CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

10.11.2017 P.C. :- 1.

Mr. Palodkar, learned Advocate submits that this Court on 12.06.2017 passed conditional order directing the petitioners to deposit Rs.6 lakhs under protest to the competent authority under the Maharashtra Stamp Act, 1958, without prejudice to the rights and contentions of the petitioners. The petitioners made application on 19.06.2017 to the Collector (Stamps) to accept the said amount, but as the Challan is not being issued, the amount is not being accepted and in view of conditional order the writ petition stands dismissed.

2.

We have heard learned A.G.P.

( 2 ) ca13569.17 3.

In continuation of the order dated 12.06.2017, we direct the petitioner to deposit the said amount of Rs.6 lakhs with the Sub-Registrar, Khultabad, without prejudice to the rights and contentions, within a period of two weeks. The Sub-Registrar, Khultabad shall accept the said amount and shall keep in a separate account in the name of the petitioners. The writ petition is restored to its original position. Place the writ petition on 27.11.2017.

4.

With the aforesaid directions, the civil application is disposed of.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk NOV ca13569.17