SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2010 Supreme(Mad) 2273

R.SUBBIAH
Cenney Hotels Pvt. Ltd. , through its Managing Director, S. Venkatesh – Appellant
Versus
State of Tamil Nadu, rep. by I. G. of Registration & Others – Respondent


Advocates Appeared:
For the Petitioners:A.P.S. Kasthuri Rangan for Sampath Kumar & Associates, Advocates.
For the Respondent: V. Viswanathan, Additional Government Pleader.

Judgment :-

1. This Writ Petition is filed by the Petitioner to quash the letter of the 1st Respondent dated 212. 2008, whereby it has been stated that the Sale Certificate issued in favour of the Petitioner was chargeable with 8% stamp duty on the market value of the property under Article 23 of the Schedule-I of the Indian Stamp Act since the same has not been issued by Civil/Revenue Court or Collector or Revenue Officer and consequently, to direct the 3rd Respondent to release the said Sale Certificate after refunding a sum of Rs.1,64,895/- to the Petitioner.

2. The case of the Petitioner is that the Petitioner concerned has purchased the property in the auction held by the Authorised Officer of Indian Overseas Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short’ SARFAESI Act) and in exercise of the powers conferred under Section 13 read with Rule 12 of the Security Interest (Enforcement) Rules, 2002, brought the properties mortgaged to secure the debt due to the Jawahar Mills Limited for sale, on 02.05.2005. One V.S. Murugan, Proprietor of M/s. Hari Tex, 63 Patel Road, Coimbatore, submitted a tender for

























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top