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2023 Supreme(Bom) 102

ABHAY AHUJA
Freedom City Ventures – Appellant
Versus
State of Maharashtra Through Department of Registration & Stamps – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Preeti Walimbe i/b Mr. Bhushan Walimbe
For the Respondent: Mr. Sachin H. Kankal, AGP

JUDGMENT :

1. By this petition, the Petitioner seeks to challenge order dated 21st June, 2014 passed by the respondent no.2-Inspector General of Registration and Chief Controller of Stamps, Maharashtra State rejecting application dated 24th July, 2013 for refund of stamp duty as being barred by limitation.

2. The brief facts are that Petitioner herein, which is a partnership firm engaged in the business of buying, selling, developing, plotting lands and selling the same, for the purposes of its business in the year 2013 entered into discussions with some agriculturists, who were desirous of entering into development agreement with the Petitioner for developing survey no. 31, 35/0, 36/0, 37/1A, 37/2 situated at Mouje Jambhulwada, Tal. Shahapur, Dist. Thane (the “said property”). It has been submitted on behalf of the Petitioner that after negotiations and rounds of discussion, the owners of the land, in principle, agreed to execute a development agreement for a consideration of Rs. 1,35,62,000/-in favour of the Petitioner. Petitioner, thereafter, prepared the draft of the development agreement and submitted the same to the office of the respondent no.3-the Joint District Registrar,Tha

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