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2023 Supreme(P&H) 2420

ANIL KSHETARPAL
Dhir & Dhir Asset Reconstruction & Securitization Company Ltd. – Appellant
Versus
Converntry Coil-O-Matic Ltd. – Respondent


Advocates Appeared:
Mr. Ashwani Kumar Chopra, Senior Advocate, with Mr. Manish Jain, Advocate, Mr. Mayur Kanwar, Advocate Ms. Gauri Handa, Advocate; For the Petitioner
Mr. Ashish Aggarwal, Senior Advocate with Mr. S.S.Behl, Advocate Mr. Sunil Goel, Advocate Mr. Gaurav Vir Singh Behl, Advocate Mr. Karan Singla, Advocate for Respondent no.1.
Mr. Sumit Gupta, Additional Advocate General, Punjab.

JUDGMENT

Mr. Anil Kshetarpal, J.

While requesting to issue a writ in the nature of certiorari, the petitioner inter-alia prays for setting aside the order dated 10.03.2016 passed by the Commissioner, Gurugram, in the exercise of appellate jurisdiction under the Indian STAMP ACT , 1899 (hereinafter referred to as 'the 1899 Act').

2. After having heard the learned counsels representing the parties at length, the following question requires adjudication:-

    (i) On execution of the deed of assignment of debt between Financial creditors and asset construction company (hereinafter referred to as "ARC"), whether the stamp duty is payable on the total debt assigned or the amount paid or promised to be paid by ARC to the Financial creditor?

3. In order to comprehend the issues involved in the present case, the following relevant facts, in brief, are required to be noticed:-

    On 05.03.2008, a deed of assignment of debt was executed between the petitioner, IFCI Ltd. (Financial Creditor) and Asset Care Enterprises Ltd. (hereinafter "ACE"). It was provided in the assignment deed that IFCI is the absolute owner of the rights, title and interest created under the financial documents, including the re

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