Varadachariar, J.

1. The question arising for decision in this reference relates to the stamp duty payable on a certain form filed with the Registrar under Section 104 of the Indian Companies Act.

2. By an agreement between the Madura Mills, Limited, Madura, and Harveys, Limited, Tuticorin, it was agreed that 20,000 fully paid-up shares in the Madura Mills should be allotted to the Harveys in consideration of an allotment by the latter to the former of 1,000 fully paid-up shares of Harveys as well as of an agreement to do ginning for the Madura company at a specified rate for a period of ten years. It is stated that the original arrangement was only oral, but its substance has been embodied in resolutipns recorded in the books of both the companies. Under Section 104 of the Indian Companies Act it is required that where a contract relating to the issue of shares fully paid up otherwise than in cash has not been reduced to writing, the company shall, within one month after the allotment, file with the Registrar the prescribed particulars of the contract stamped with the same stamp duty as would have been payable if the contract had been reduced to writing. A statement embodyin