Final Order 1

Order Details: Notice of Motion
Pdf Text: 29 01.04.2022
SU 4769/09
NM 3843/19
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv A. S. Pal for pltff present.
None for deft.
Order below NM No. 3843/19
Perused the NM which is supported by an affidavit. Also perused
the reply on affidavit filed by deft no. 4. I have perused the
evidence of PW1 Ranna Sanghavi(Exh. 11) and the document
for which the present NM is moved. Said document is at sr. no. 2
of list Exh. 10. On perusal of the same document it appears to be
the original agreement for sale dt. 24/03/2000 executed
between Ashin Sanghavi and Ranna Sanghavi. The pltff witness
has deposed regarding said document in para no. 2 and the other
part of the evidence. Pltff is relying upon the said document but
it is submitted that no proper stamp duty is paid on the said
instrument according to the law. The NM is opposed on the
ground that said document cannot be handed over to the pltff
but it can be impounded and sent to the Collectors Stamps for
adjudication and stamping. Therefore as per the provisions of
the sec. 33 of the Maharashtra Stamps Act, the document at sr
no. 2 of list Exh. 10 is impounded and said document be sent to
the Collectors Stamps for its proper valuation of Stamps along
with penalty if any on the said instrument. In the interest of
justice I pass the following order.
ORDER
1. NM No. 3843/19 is partly allowed to the extent that the
document at sr no. 2 of list Exh. 10 i.e. original agreement for
sale dt. 24/03/2000 is impounded and it be sent to the office of
Collector Stamps for its corrected value along with penalty if any
and the same is to be complied by the pltff. Registrar(Civil) to
do the needful.
2. NM No. 3843/19 is disposed of accordingly.
Matter is adjd to 27/07/2022 for compliance.
Judge
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