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2015 Supreme(SC) 960

J.CHELAMESWAR, A.M.SAPRE
Committee-GFIL – Appellant
Versus
Libra Buildtech Private Ltd. – Respondent


Judgment :

Abhay Manohar Sapre, J.

1. In the light of the order dated 22.01.2015 already passed by this Court in I.A. Nos. 7-8 as mentioned in the Office Report dated 11.02.2015, no further order on these IAs. is required.

2. I.A. Nos. 9 and 10 – these two applications are filed by the applicants/respondent Nos.1-4. -Libra Buildtech Private Ltd. & Ors. (hereinafter referred to as ‘the applicants’) for direction by this Court to State of Punjab and S.D.M. Dera Bassi to refund the full amount of stamp duty to the applicants.

3. In order to appreciate the nature of controversy involved and the direction sought for refund of the amount paid by the applicants for purchase of stamp duty for execution of sale deeds in relation to properties in question, it is necessary to set out the undisputed factual background of the case infra.

4. Golden Forest India Limited (GFIL), (hereinafter referred to as ‘the company’) was a company incorporated under the Companies Act on 23.02.1987. On 06.03.1987, it was granted certificate of commencement of business. This company went into liquidation. The creditors of the company, therefore, filed various claim petitions against the company in various courts acro


















































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