This is an application filed by the Official Liquidator, seeking by way of general directions, a clarification as to whether he must execute a Sale Deed or a Certificate of Sale, as and when the property of a company in liquidation, is brought to sale in public auction.

2. Heard Mr.M.Jayakumar, learned Deputy Official Liquidator.

3. In normal circumstances, the question raised in this application may look odd, since a rose by any other name, would smell as sweet and the name tag or the nomenclature given to a document may not be relevant to ascertain its true character. But the question raised in this application is of significance in view of the implications of stamp duty.

4. It appears that there is an emerging trend, among the purchasers of properties in public auctions, to seek the issue of "Certificates of Sale" rather than "Deeds of Sale". This is on the premise that a Certificate of Sale does not require registration compulsorily, in view of the provisions of Section 17(2)(xii) of the Registration Act, 1908. There appears to be a school of thought that such Certificates of Sale do not also attract stamp duty, in view of the obligation cast upon the Registering Off