Judgment

Kania, C.J.I..- This is an appeal from a judgment of the High Court at Bombay and it relates to the jurisdiction of the Court to direct the Chief Controlling Revenue Authority and the Superintendent of Stamps at Bombay to state a case for the opinion of the Court under S.57, Status Act.

2. The respondent company for its business borrowed money from the Central Bank of India Ltd. at Bombay. In order to secure the loan a document was executed on 22nd March 1945 with a stamp of Rs. 16-8-0. on the footing that it was a dead of hypothecation without prosecution of the goods. When the deed was sent to the Sub Register for registration without procession of same and sent it to the Stamp Office. The Assistant Superintendent of Stamps wrote to the respondent that the document was a mortgage with possession, chargeable with duty under Art. 40(a) of the Schedule and inquired why it was not duly stamped before execution. The respondent s solicitors in their reply contended that the document was not and was never intended by the parties to be a mortgage with possession. They pointed out that no possession of the property had been given or was intended to be given, except in certain con