WPMS/87/2021
2021 Latest Caselaw 158 UK

WPMS No. 87 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Singh, Advocate along with Mr. P.S. Bisht, Advocate for the petitioners.

Mr. V.D. Bishen, Brief Holder for the State.

The petitioner has preferred this writ petition, challenging the impugned order dated 25.09.2020 and condition No. 16 of Auction of Resin, by virtue of which, the respondent No. 1, has called upon the petitioners to remit a stamp duty @ 12.50 percent, on an auction sake of resin, for the execution of deed, which has been made in favour of the petitioners.

     The       learned     counsel   for    the
petitioners     submitted     that   the    said

imposition of the stamp duty at the aforesaid rate imposed by the impugned order, is contrary to the ratio as it has been settled down by the Hon'ble Apex Court in its judgment, rendered on 27.10.2010, particularly, the consideration and the ratio which has been laid down by the Hon'ble Apex Court in its para 13 of its judgement, where the interpretation has been given as to whether such type of contract for sale of resin and consequential execution of deed, whether it would amount to be a conveyance or not in the light of the provisions contained under Section 2(10) of the Stamps Act to be read with Article 23, Schedule 1-B in relation to the auction process which culminated on 04.01.2021.

The learned counsel for the petitioners had submitted that so far as the liability, which has been imposed on him, which is flowing from the impugned order of imposing the liability of the stamp duty payable on the document of sale @ 12.50 percent, he submits that according to his interpretation to the judgment of the Hon'ble Apex Court, he would be liable to pay stamp duty on it @ 2 percent, and the balance amount would be still a subject matter of controversy to be decided by this Court; in the light of the judgment of the Hon'ble Apex Court, the reference of which has been made in the present writ petition.

In order to find out the viability of the issue, tentatively, in order to proceed with the sale, which has been made in favour of the petitioner, by way of an interim measure, he is directed to deposit the 2 percent of the stamp duty with the respondents forthwith, for the purposes of execution of the documents with the respondent and the balance 10.50 percent of the balance amount of stamp duty thus leveied on the petitioner would be deposited by him before the Registry of this Court within a period of six weeks from today.

The said deposit before the Registry would abide by the decision of the writ petition. The Registry would invest the said amount into a fixed deposit bearing maximum interest and in the meantime, the respondents, if so advised, may file their counter affidavits to the writ petition.

List thereafter.

(Sharad Kumar Sharma, J.) 13.01.2021 Mahinder/