SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Dharmendra Sharma – Petitioner
Versus
M. Arunmozhi & Anr. – Respondent(s) / Alleged Contemnor(s)
Contempt Petition (C) Nos. 703-704 of 2025 In Civil Appeal Nos. 2809-2810 of 2024
Decided On : 05-01-2026
| Table of Content |
|---|
| 1. failure to comply with earlier court directions (Para 1 , 2) |
| 2. petitioner's claim for refund of stamp costs (Para 3 , 4) |
| 3. involvement and response of state of uttar pradesh (Para 5 , 6 , 7) |
| 4. court's directive for refund of stamp costs (Para 8) |
| 5. closure of contempt petition (Para 9 , 10) |
JUDGMENT
VIKRAM NATH, J.
1. Heard Shri Vipin Sanghi, learned senior counsel for the petitioner and learned counsel appearing for the respondents.
2. The present contempt petitions have been instituted by the appellant in the civil appeals already disposed of, alleging, inter alia, that respondent no. 1 has willfully failed to comply with the directions issued by this Court in its judgment dated 6th September, 2024, rendered in Dharmendra Sharma v. Agra Development Authority, reported in (2025) 1 SCC 422. The relevant portion of the judgment germane to the controversy at hand is reproduced hereinbelow: -
. . .
35. Furthermore, we refrain from imposing any exemplary costs on either party, recognising that both have contributed to the situation at hand. It is also to be noted that ADA, being a civic body tasked with serving the public and operating on a non-profit basis, should not be unduly penalised in a manner that could impede its functioning.
36. Civil Appeals Nos. 2809-10 of 2024 are disposed of accordingly.”
3. The petitioner submits that although respondent no. 1 has complied with the remaining directions issued by this Court, namely, refunding the entire amount deposited by the petitioner along with interest at the rate of 9% per annum, and paying an additional sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only), however the respondent has failed to refund an amount of Rs. 3,99,100/- (Rupees Three Lakhs Ninety-Nine Thousand One Hundred only), being the cost of the non- judicial stamp papers purchased by the petitioner. It is further averred that, instead of refunding the said amount, respondent no. 1, on 7th December, 2024, returned the twenty-two original stamp papers, which had in the meanwhile expired, through postal communication.
4. According to the petitioner, he addressed representations to the Assistant Commissioner of Stamps, Agra, seeking refund of the amount paid towards the unused twenty-two original stamp papers. However, the Assistant Inspector General of Registration, Agra, by order dated 21st July, 2025, rejected the petitioner’s request for refund of the stamp value, informing him that the same was not refundable. The relevant extract of the said order reads as under: -
. . .
As it evident from the above, the concerned notification came into effect in the state from 20th December 2017, and it is clarified in the notification that no application for stamp refund will be accepted one year after the date of the amendment in cases where the decision for the stamp refund is required to be taken by the state government.
You first submitted the application for the refund of the stamp value to this office on 20.12.2024. By that date, approximately 10 years had elapsed since you purchased the stamps. Therefore, following t
The court affirmed the necessity of compliance with judicial directives, ordering a refund despite statutory limitations on stamp paper refunds.
Limitation bars remedy but not right to refund of stamp duty paid under wrong head due to error.
The expiration of a limitation period may bar the remedy but not the right, ensuring that legitimate claims for refunds are not denied on technical grounds.
The right to claim a refund of stamp duty is governed by statutory provisions, and failure to comply with the prescribed limitation period without sufficient justification precludes the possibility o....
The main legal point established in the judgment is that the petitioner is entitled to a refund of the stamp duty amount under the Maharashtra Stamp Act, 1958, despite the initial document being unex....
Refund applications under Section 52 of the Kerala Stamp Act must satisfy conditions but are not strictly bound by a six-month limitation if bona fides are proven.
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