Bombay High Court
Exquisite Buildcon Projects Pvt. Ltd vs The State Of Maharashtra, Dept. Of … on 12 February, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-AS:11122-DB Equisite Buildcon Projects Pvt Ltd vs The Sttae of Maharashtra & Ors
401-wp-10129-2024.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10129 OF 2024
Exquisite Buildcon Projects Pvt Ltd,
A private limited company incorporated
under the Companies Act,1956 through it's
Authorised Signatory & C.E.O. of the
Company, Mr Rajesh Alias Raajesh Sheth
having its Registered Office at 506,
Mastermind-1,
Royal Palms, Aarrey Mmilk Colony,
Goregaon (E). Mumbai 400 065
And also only Communication address at
504, Marble Park View Building, Opp
Pawan Hans Airport, Near Ishwalal Park,
Baptista Road, Vile Parle West, ...Petitioner
SHEPHALI Mumbai 400 056 India (Ori. Claimant)
SANJAY
MORMARE
Digitally signed ~ versus ~
by SHEPHALI
SANJAY
MORMARE
Date: 2025.03.10
15:45:43 +0530 1. The State of Maharashtra,
Department of Revenue and Forest,
Floor No 7-MA.A., Madam Cama
Road, Hutatma Rajguru Chowk,
Mantralaya (Extension),
Mumbai 400 032.
through its Principal Secretary,
Email: [email protected]
2. Office of the Inspector General of
Registration and Controller of Stamps,
Ground Floor, Opposite Vidhan
Bhavan (Coucil Hall), New
Administrative Building, Pune 411 001,
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Maharashtra, India.
3. Office of the Collector of Stamps,
Andheri,
1st Floor, MMRDA Building,
Bandra Kurla Complex,
Bandra (East), Mumbai - 400 051
Email: ...Respondents
[email protected] (Ori. Respondents)
A PPEARANCES
FOR THE PETITIONER Mr Rahul Motkari, with Manasi Pawar.
FOR THE RESPONDENT Ms P.J. Gavhane, AGP.
STATE
CORAM : G. S. KULKARNI &
ADVAIT M. SETHNA, JJ.
DATE : 12 FEBRUARY 2025
Oral Judgment (Per Advait M Sethna, J.):
1. This petition is filed under Article 226 of the Constitution of
India praying for the only substantive relief, which reads thus:
"(a) This Hon'ble Court be pleased to issue a writ of
mandamus or any other writ in the like nature thereby
directing and ordering the Respondent No. 2 to adjudicate
and decide the Petitioner's Application dated 11.01.2024
(Exhibit 'K') at the earliest and within a time bound
period."
2. Rule. Respondents waive service. Rule made returnable
forthwith. With the consent of the parties, heard finally.
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3. Mr. Rahul Motkari, learned counsel for the petitioner would
submit that the grievance of the petitioner is restricted to directing
the respondents to initiate and complete the process of pending
adjudication and decision on the petitioner's application dated 11
January 2024 filed with respondent no. 2 under the Amnesty
Scheme 2023 floated under the Maharashtra Stamp Act, 1958. The
said application is for the respondents to consider and adjudicate the
requisite stamp duty payable under the MoU/Assignment
Agreement dated 20 July 2016, which is the subject matter of
pending arbitration proceedings before the learned Sole Arbitrator.
4. Ms. Gavhane, learned AGP for the State would oppose the
petition. However, there is no written opposition/reply to the said
petition.
5. We have heard the learned counsel for the parties and, with
their assistance, perused the record. We find that it is undisputed
that the application of the petitioner dated 11 January 2024 is
pending with respondent no. 2. Therefore, such application ought to
be decided in accordance with law.
6. In our view, the following order would meet the ends of
justice:
ORDER
(a) Respondent no. 2 is directed to decide the application
of the petitioner dated 11 January 2024 after hearing
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the parties and pass a reasoned order in accordance with
law, within a period of four weeks from the date of this
order is made available to the said respondent.
(b) All contentions of the parties are expressly kept open.
(c) The petition is disposed of in the above terms. No order
as to costs.
(ADVAIT M. SETHNA, J) (G. S. KULKARNI, J)
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