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2018 Supreme(All) 458

B.AMIT STHALEKAR
GAJENDRA SINGH – Appellant
Versus
ADDITIONAL COMMISSIONER (J) – Respondent


Advocates:
Advocate Appeared:
Sudamaji Shandilya, Sudhir Shandilya and Vivek Shandilya for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—Heard Shri Vivek Shandilya, learned counsel for the petitioner and the learned standing counsel for the respondents.

2. The petitioner in the writ petition is seeking quashing of the orders dated 30.7.2008 and 19.3.2008 arising out of proceedings under the Indian Stamp Act. Briefly stated the case of the petitioner is that he took a loan amounting to Rs.4,50,000/- from the Allahabad Bank Branch, Madhogarh, District Jalaun for setting up Mentha Oil Plant and for the purposes of the loan he mortgaged 3.112 hectare of his agricultural land. The loan was taken under the U.P. Agricultural Credit Act, 1973 (hereinafter referred to as the Act, 1973). A hypothecation agreement was also executed on 28.11.2007 between the petitioner and the Bank as security for the repayment of the loan advance. It is stated that the agreement was executed on payment of stamp duty of Rs.100/-. On an allegation that there was deficiency of stamp duty a report was sent by the Dy. Registrar, Madhogarh to the Inspector General of Registration Orai dated 19.12.2007 mentioning therein that a sum of Rs.18,000/- was payable towards stamp duty on the agreement dated 28.11.2007 un



































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