Cyriac Joseph, CJ (Oral)

1. The challenge in the writ petition is against Annexure-A order dated 11.12.2007 passed by the learned Civil Judge (Sr.Dn.) & Addl. CJM, Arsikere in O.S. No.I3/2006. As per the impugned order, the plaintiff is directed to pay duty and penalty of Rs.2,10,000/- on the document produced as EX.P1 before the trial Court. The plaintiff is granted one month time to pay the amount. The grievance of the petitioner is that the trial Court while imposing the penalty, imposed ten times the amount of the deficient portion of the proper duty. According to the petitioner, the trial Court had a discretion to impose a maximum of ten times of the deficient portion of the proper duty or a lesser amount. It is contended that the trial Court ought to have exercised such discretion and imposed a lesser amount as penalty. When the writ petition came up before the learned Single Judge, learned Counsel for the petitioner relied on an observation made by another learned Single Judge in the order dated 8.12.2005 passed in Writ Petition No.43172/2004. In the said order dated 8.12.2005, the learned Single Judge observed that the penalty amount will be a maximum of ten times