Bhalchandra Hari Gharat v. Chahu Manglya Mhatre

2025:BHC-AS:4109 41 wp 10068 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10068 OF 2024 Bhalchandra Hari Gharat ...

Petitioner versus Chahu Manglya Mhatre ...

Respondent Mr. K.N.Kandekar, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

23 JANUARY 2025 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 28 March 2024 impounding the document on the ground that the document was not sufficiently stamped.

3.

From the perusal of the impugned order, it becomes evident that the objection that the document was not sufficiently stamped was taken on behalf of the Defendant/Petitioner, and, thereupon, the Plaintiff submitted that the document may be impounded. Resultantly, the trial Court has impounded the document and forwarded the same for adjudication of the deficit stamp duty and penalty, if any.

4.

No fault can be found with the procedure adopted by the trial Court. 5.

Learned Counsel for the Petitioner submitted that the document is otherwise not admissible in evidence for want of registration. SSP 1/2

41 wp 10068 of 2024.doc 6.

If that is the case, even if the stamp duty is paid, the objection on the ground of inadmissibility of the document for want of registration would be required to be considered by the trial Court in accordance with law. 7.

With this clarification, the Writ Petition stands disposed. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 29/01/2025 10:39:13