R GOVINDARAJAN Vs. CHIEF CONTROLLING

JUDGEMENT

(1.) The prayer in the Writ Petition is to quash the order dated 11.5.2012 insofar as giving direction to the Petitioner to pay 2% as interest from the date of reference i.e. from 28.11.2005 upto 31.8.2010 and at 1% from 1.9.2010 till date. The grievance of the Petitioner is that as against the order passed under Section 47A of the Indian Stamp Act, 1899 (hereinafter referred to as the Act,) an Appeal was preferred before the I.G. of Registration and again the Petitioner filed regular Appeal in C.M.A. No. 2989 of 2010 before this Court and the said C.M.A. was disposed of on 15.12.2010 by setting aside the order of I.G. of Registration and remanded back the matter to the I.G. of Registration for passing fresh orders and thereafter on 11.5.2012, the Registration passed an order directing the Petitioner to pay interest from the date of reference i.e. 28.11.2005 till 31.8.2010 at 2% p.a. and from 1.9.2010 till date at 1% p.a.

(2.) Learned Counsel for the Petitioner relied on a statutory provision contained in Section 47-A(4) of the Act, 1899 in support of her contention. The learned Counsel for the Petitioner further stated that the interest is payable only from the date of final order, that too at 1% p.a.

(3.) Learned Special Government Pleader appearing for the Respondent, in instructions, submitted that the interest payable shall be postponed till the disposal of the Appeal and shall be calculated on the amount becomes due in accordance with the final order passed and consequently the Petitioner is bound to pay 2% interest from the date of reference till final order passed by the Respondent.