Balaji Venture Pvt. Ltd. Nagpur ... vs Ram Gopal Soni
2021 Latest Caselaw 16299 Bom

Citation : 2021 Latest Caselaw 16299 Bom
Judgement Date : 24 November, 2021

Bombay High Court

Balaji Venture Pvt. Ltd. Nagpur ... vs Ram Gopal Soni on 24 November, 2021

Bench: Avinash G. Gharote

                                                        1                            9.MCA.531-2021.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

            MISC. CIVIL APPLICATION (REVIEW) NO. 531 OF 2021
                                   IN
                     WRIT PETITION NO. 8362 OF 2019
         ( Balaji Venture Pvt. Ltd., Thr. Its Director Shri Surendra S/o
                             Prabhudayal Agrawal
                                       Vs.
                             Shri Ram Gopal Soni )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.A. Mardikar, Advocate for the Applicant.



                                  CORAM:          AVINASH G. GHAROTE, J.

DATED : 24th NOVEMBER, 2021.

Heard Mr. Mardikar, learned counsel for the applicant.

2. The order dated 06.01.2020 passed by this Court, in Writ Petition No. 8362/2019, is sought to be reviewed on the ground that the Explanation I to Article 25 of the Bombay Stamp Act, has not been considered while deciding the said petition, though the judgment in the case of Shri Jugalkishore Jiwandas Arora Vs. Shri Sunil s/o Vinayakrao Kokje & Anr., reported in 2006 (6) All MR 576, was noticed by the Court, in light of the language of clause 3 and 12 as contend in the agreement dated 15.03.2013.

3. Explanation I to Article 25 of the Bombay 2 9.MCA.531-2021.odt

Stamp Act, reads as under:

"Explanation I. - For the purposes of this article, where in the case of agreement to sell an immovable property, the possession of any immovable property is transferred or agreed to be transferred to the purchaser before the execution, or at the time of execution, or after the execution of, such agreement then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly:

Provided that, the provisions of section 32A shall apply mutatis mutandis to such agreement which is deemed to be a conveyance as aforesaid, as they apply to a conveyance under that section:

Provided further that, where subsequently a conveyance is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance.

Provided also that where proper stamp duty is paid on a registered agreement to sell an immovable property, treating it as a deemed conveyance and subsequently a conveyance deed is executed without any modification then such a conveyance shall be treated as other instrument under section 4 and the duty of one hundred rupees shall be charged."

3 9.MCA.531-2021.odt

4. It is submitted that there was no clause, in the entire agreement, which would come within the mischief of the Explanation I to Article 25 of the Bombay Stamp Act, as the possession was agreed to be delivered at the time of the execution of the sale-deed.