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2016 Supreme(Chh) 337

MANINDRA MOHAN SHRIVASTAVA
Raipur Bright Steel & Wire Weld Industries Ltd. – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioners: Shri Anjinesh Shukla
For the Respondent: Shri D.R. Minj

ORDER :

Manindra Mohan Shrivastava, J.

Shri Baghel appears for respondent No.4 and submits that a No Objection Certificate has been taken by the concerned authority and the file has also been withdrawn. However, considering the nature of dispute, Shri Baghel was permitted to assist the Court on legal issues.

2. This petition, under Article 226/227 of the Constitution of India has been filed by the petitioner seeking writ in the nature of certiorari for quashing letters dated 31/05/1995 (Annexure P/1), 28/06/1995 (Annexure P/2) and 16/03/2002 (Annexure P/3).

3. The petitioners have prayed for restraining the respondents from collecting an additional stamp duty of Rs.1 Lakh by requiring the petitioner to execute supplementary agreement in respect of enhancement of credit facility in continuation of loan already availed by the petitioner by creation of mortgage by creating charge over the property with the respondent/bank.

4. Briefly stated, relevant facts which are in narrow encompass, are that the petitioner is a company incorporated under the Company's Act. Petitioner No.2 is one















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