Dismissed

Liberty Pesticides and Fertilizers Ltd.Andan v. State and Ors.

Rajasthan HC30 Aug 2024CW/745/2001

Case brief

AI extract

What is this about?

This writ petition challenging denial of stamp duty relaxation and registration of an agreement was dismissed as academic. The Court found the companies involved had merged, rendering the document non-existent, and the Department had taken no action for over 20 years.

What did the court decide?

The writ petition is dismissed; stay petition and pending applications are disposed of.

Liberty Pesticides and Fertilizers Ltd.Andan Vs State and Ors. — Rajasthan HC (2024) — LawSathi Research

¶1

[2024:RJ-JD:35962]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 745/2001

¶4

Liberty Pesticides And Fertilizers Ltd. & Anr.

----Petitioner

Versus

State And Ors

----Respondents

For Petitioner(s)	: Mr. Tribhuwan Gupta
For Respondent(s)	: Mr. Harshwardhan Singh for Mr. Mahaveer Bishnoi

¶10

HON'BLE MS. JUSTICE REKHA BORANA

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Order

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30/08/2024

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The present writ petition has been preferred against the order dated 15.07.1997 (Annex.P/5) and communication dated 18.11.2000 (Annex.P/9) whereby the firm M/s Liberty Phosphate Ltd. was denied any relaxation in the stamp duty as payable. It has further been prayed that the document (Annex.P/2) i.e. the agreement dated 01.04.1997 be directed to be registered by the respondent authorities.

¶14

Vide the said agreement, certain assets of M/s Liberty Phosphate Ltd. were transferred to M/s Liberty Pesticides And Fertilizers Ltd.

¶15

Admittedly, both M/s Liberty Phosphate Ltd. and M/s Liberty Pesticides And Fertilizers Ltd. have subsequently merged into Coromandel International Ltd. and the said fact was already brought on record and even amended cause title has been taken on record.

[2024:RJ-JD:35962]

[CW-745/2001]

(2 of 2)

What is admitted on record is that no interim order was operating in favour of the petitioner in the present writ petition. However, admittedly, no action whatsoever has been taken by the respondent-Department to impound the document till date.

¶20

In view of the aforesaid facts and in view of the admitted position that both the companies have merged into Coromandel International Ltd, the document (Annex.P/2) does not even remain in existence as of date. Further, in view of the fact that the Department also did not take any action against the said firm for a period of more than 20 years, the issue now only remains academic.

¶21

In the specific opinion of this Court, because of the subsequent events, the issue as raised does not require any adjudication and the writ petition is hence, dismissed .

¶22

Stay petition and all pending applications, if any, stand disposed of .

¶23

(REKHA BORANA),J

¶24

360-T.Singh/-

Liberty Pesticides and Fertilizers Ltd.Andan v. State and Ors.

Case brief

What is this about?

What did the court decide?

Liberty Pesticides and Fertilizers Ltd.Andan v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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