The main legal point established in the judgment is that the petitioner was not liable to pay deficit stamp duty and registration fees, and the impounding of the registered sale certificate was quashed due to inadvertent errors in the sale certificate.

JUDGMENT

(Prayer: Writ Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, Calling for the records of the 1st respondent culminating in its order dated 2.6.2015 in proceedings No. 56278/P1/2014 dismissing in part the petitioner's Appeal partly confirming the order of the 2nd respondent dated 12.11.2014 bearing No. Na.Ka.No. 5557/2013/B1 levying an additional stamp duty with registration fee on the Sale Certificate dated 06.12.2010 registered as Document No.13073 of 2010 and quash the same and consequently forbear the 1st and 2nd respondents from levying demanding or recovering any additional stamp duty or registration fee in respect of the Sale Certificate dated   6.12.2010 executed by M/s.Indian Overseas Bank in favour of the petitioner which has been registered as Document No.13073 of 2010, on the file of the Sub Registrar, Hosur and to forthwith release the impounding of the Sale Certificate dated 06.12.2010, executed in favour of the petitioner and registered as Document No.13073 of 2010, before the Sub Registrar, Hosur.)

1. The petitioner has challenged the impugned order passed by the 1st respondent through proceedings dated 02.06.2015 whereby the order passed by the 2nd respondent through proceedings dated 12.11.2014 was partially confirmed and the petitioner was directed to pay additional stamp duty and registration fee.

2. The case of the petitioner is that the 3rd respondent Bank had extended loan facility to M/s. Uma Maheshwari Mills Ltd., and the borrower committed default in repayment of the loan. Hence, the 3rd respondent Bank initiated proceedings under the SARFAESI Act. In the meantime, the above said borrower had committed default with many creditors and hence, a Winding up Petition came to be filed before this Court in C.P.No.173 of 2021. This Court passed an order dated 2.1.2006 and wound up the above said M/s. Uma Maheswari Mills Ltd.

3. The 3rd respondent Bank filed applications in C.A.Nos.1312 and 1453 of 2010 seeking for the permission of this Court to sell the immoveable properties and machineries which were mortgaged by the said mill to the 3rd respondent Bank. This Court, by an order dated 2.9.2010 permitted the 3rd respondent Bank to sell the properties in consultation with the official liquidator. Accordingly, the 3rd respondent Bank published a tender cum auction notice for the sale of the immoveable properties viz. the land and building.

4. The petitioner participated in the auction sale and submitted its bid. Ultimately, the 3rd respondent Bank found the offer made by the petitioner to be the highest and hence,a sale certificate was issued in favour of the petitioner. This sale certificate dated 06.12.2010 was registered before the concerned Sub Registrar office as Document No.13073 of 2010.

5. The document was in the custody of the Sub Registrar, Hosur since there was some dispute raised by third parties and ultimately, this Court passed an order in Company Application Nos.649 and 650 of 2011 and directed the removal of the machineries from the property and to handover vacant possession of the land and building to the petitioner Company. In terms of the said order, the official liquidator handed over the possession of the immovable properties to the petitioner on 3.5.2012 and the machineries that were installed in the property were dismantled and stored in a separate place within the property.

6. The petitioner received a show cause notice from the 2nd respondent dated 29.11.2013, whereby the petitioner was informed that the sale certificate has been impounded since there is deficit stamp duty and registration fee and the petitioner was called upon to give their explanation in this regard. The petitioner gave a detailed reply through their counsel on 22.01.2014 and explained that the total sale consideration was Rs.12.57 Crores and the stamp duty and the registration fee were paid for this total sale consideration and that there was no