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2021 Supreme(Bom) 634

A.A.SAYED, MADHAV J.JAMDAR
J. P. Morgan Services India Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Venkatesh Dhond, Senior Counsel, Mr. Ankoosh Mehta, Ms. Sanika Gokhale, Mr. Aviral Sahai I/B M/s. Cyril Amarchand Mangaldas, for the Appellant / Ms. Geeta R. Shastri, Additional Gp, for the Respondent.

JUDGMENT

A.A. Saved, J. - By this Petition, the Petitioners have impugned the communication dated 17 December 2020, whereby Respondent No.3-Joint Sub-Registrar of Assurances has refused to register the 'Agreement to License' executed between the Petitioners. Respondent No.3 has declined registration essentially on the ground that the time-period of 4 months for the registration of the Agreement under section 23 of the Registration Act, 1908, has elapsed. The Petitioners have also prayed for an order directing Respondent No.3 to accept Agreement to License for registration. According to the Petitioners, Respondent No.3 has ignored and/or failed to consider that the delay in the presentation of the Agreement to License was solely attributable to delay of 319 days on the part of Respondent No.4-Collector of Stamps in adjudicating the Agreement to License for the purpose of stamp duty.

2. Both the Petitioners are Companies who had executed an 'Agreement to License' (hereinafter referred to as 'the Agreement') dated 5 December 2019 whereby the Petitioner No.2 has agreed to license certain

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