Asif Khaliq and 2 Others v. Branch Manager Bank of Baroda Branch Motinagar Distt. Unnao and 5 Others
Case brief
What is this about?
Stamp duty deficiency assessment (order dated 19.11.2024); recovery during pendency of appeal; attachment of petitioner's bank account and withdrawal of Rs.3,65,112/-; statutory pre-deposit Rs.1,60,000/- versus respondent's claimed 1/3 requirement of Rs.1,72,544/-; appeal allowed and matter remanded; retention of amounts held to be without authority of law; writ allowed with refund directions and 8% per annum interest fallback; respondents free to conclude post-remand proceedings in accordance with law; Bank of Baroda, Motinagar, Distt. Unnao; useful for disputes over recovery coexisting with a pending or successful appeal and for refund of amounts recovered despite appellate relief.
What did the court decide?
Refund to the petitioners, forthwith upon their moving appropriate application, of the deposited amount of Rs.1,60,000/- and the balance lying with respondent No.6; failure to return the amounts attracts interest @ 8% per annum; respondents remain free to conclude the post-remand proceedings in accordance with law.