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2007 Supreme(Bom) 1169

F.I.REBELLO, J.P.DEVADHAR
Peacebird Premises Coop. Society Limited – Appellant
Versus
Collector of Stamps of Mumbai – Respondent


Advocates appeared
Mr. D.S. Parikh, Sr. Counsel with Mrs. S.S. Balsari for Petitioner.
Mr. K.R. Belosey, Government Pleader for Respondents.

ORAL JUDGMENT

Per F.I. Rebello,J.:

. Rule. Heard forthwith.

. The Petitioner a Cooperative society had filed the present petition for appropriate writ or direction to the Collector of Stamps, Mumbai, the first respondent, to certify that no stamp duty is payable on the Consent Decree dated 4th February, 1983 passed by this Hon’ble Court in Suit No. 1031 of 1982. The Petitioners herein and others had filed a suit against Mrs. Anusuya Shah and Ors. and others. The relief was by way of mandamus to send the consent decree to the second respondent and for a further writ of mandamus or any other appropriate writ, order or direction to the second respondent to register the said Consent Decree under the Indian Registration Act, 1908 and to deliver the same to the Petitioners duly registered. There are various other reliefs which need not be adverted to.

2. There was a building known as Shah Building No. 6 which consisted of shops on the ground floor and residential flats on three upper floors. Negotiations took place between the tenants on the 1st, 2nd and 3rd floors and said Champaklal Chimanlal Shah whereupon the agreement for sale of the respective premises in


















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