Disposed

M/S Aakash Lavlesh Leisure Pvt. Ltd. v. the State of Maharashtra

Bombay HC18 Mar 2015CAL/63/2014

Case brief

AI extract

What is this about?

In a civil application, the High Court of Judicature at Bombay directed the Respondent Sub-Registration Office, Andheri-1, to register a Deed of Assignment dated 02/04/2007 at the stamp duty charged earlier. The Court extended the time for registration to four months, contingent upon the parties presenting the document and admitting its execution, specifically addressing a registered order from Ju

What did the court decide?

Directed the Sub-Registrar to register the Deed of Assignment dated 02/04/2007 within 4 months; time extended pending presentation and admission of execution.

M/S Aakash Lavlesh Leisure Pvt. Ltd. Vs the… — Civil Procedure and Limitation | Bombay HC (2015)

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901.63.14 CAL.sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 63 OF 2014 IN LETTERS PATENT APPEAL NO. 143 OF 2010 IN WRIT PETITION NO. 4084 OF 2009

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M/s Aakash Lavlesh Leisure Pvt. Ltd and another

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...Applicants

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In the matter between:-

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M/s Aakash Lavlesh Leisure Pvt. Ltd. and another ….Applicants V/s The State of Maharashtra and others ...Respondents.

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Mr. Anil R. Mishra a/w Ms. Sneha Dedhiya for the applicants. Mr. Vikas Mali AGP for the State.

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CORAM : NARESH H. PATIL AND V.L. ACHLIYA, JJ. DATED : 18^th March 2015.

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P.C.

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1. Heard.

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1. Unfortunately, applicant, in spite of putting efforts, could not get

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subject documents registered. We have perused the order dated 13/06/2014 passed by Division Bench of this Court in Civil Application No. 50 of 2014. Learned AGP submits that section 23 to 25 of the Registration Act, 1908 are relevant. Learned AGP submits that applicants will have to pay stamp duty fees and registration fees as per present rate.

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2/2 901.63.14 CAL.sxw

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1. Learned counsel appearing for the applicants submits that

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document was signed by the parties and under the Court's orders passed earlier, document ought to have been executed in accordance with the rates as determined at the relevant time.

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We direct respondent Sub-Registration Office Andheri-1 to register the subject document 'Deed of Assignment' dated 02/04/2007 as per the stamp duty as charged earlier. It is directed that Registration Authority shall register the deed of conveyance within 4 months from today when the parties to the conveyance present the document for registration and admit the execution thereof. Time for registration is extended to that extent. If there is a change in the name of trustee and the change report is accepted by the appropriate Authority, then the applicants are entitled to present it before Sub-Registrar who would then admit the execution.

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1. Civil Application is disposed of.

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(V.L. ACHLIYA, J.) (NARESH H. PATIL, J.)

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ism

M/S Aakash Lavlesh Leisure Pvt. Ltd. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

M/S Aakash Lavlesh Leisure Pvt. Ltd. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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