1 Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2 The learned Senior Counsel appearing for the Petitioner seeks leave to amend prayer clause (b) so as to correct the year 2012 to 2011. Leave granted. Amendment to be carried out forthwith.

3 The writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked against the order dated 10.07.2012 passed by the Controller of Stamps Mumbai. By the said order, the Petitioner has been communicated the stamp duty as well as the penalty payable for registration of the document in question. However, what the Petitioner is aggrieved by is Clause 4 of the said order, which reads thus:

“4) In view of the G.R.Kra.K./4/Pra.K/617/2011/3008 dated 22-12-2011 issued by the Hon'ble Registrar and Controller of Stamps, Pune, since the present deed is executed on 6/08/2011, the same cannot be registered under the provisions of India Registration Act, 1908 which please note.”

The document which the Petitioner wanted to get registered is the consent decree which has been passed on the basis of the consent terms between the parties in S.C.Suit No.135/2008 in the Bombay Ci