ANNAMALAI AND CO PTE Vs. DISTRICT REGISTRAR MADRAS

JUDGEMENT

(1.) THE petitioner in W. P. 415 of 1961 was a private limited company. It had borrowed various amounts from the Reliance Bank of India Ltd. and had mortgaged certain immovable properties to that bank. By a power-of-attorney executed by the petitioner on 13-8-1957, the bank was authorised to sell the immovable properties. The document was stamped with stamps of the value of Rs. 11-4-0. On presentation of the power-of-attorney for registration, the Joint Sub registrar called for particulars of the debts due to the bank. Thereafter, the Joint sub-Registrar impounded the document. The District Registrar in his proceedings dated 9-10-1960 passed an order to the effect that the document numbered as P. 111 of 1957 was a power of attorney for consideration. made out of the amount of the debts owing to the Bank, and was chargeable with a stamp duty of Rs. 713880 under Art. 48 (e) of Schedule I of the Indian Stamp Act as amended. He called upon the petitioner to pay the deficit stamp duty and imposed a penalty of Rs. 10 as well. The correctness of the District Registrar's interpretation of the relevant provision was disputed. Subsequently, however, the Joint Registrar issued a notice to the petitioner calling upon him to pay the deficit duty and penalty.

(2.) IN like manner, another document numbered as P. 110/57 was impounded and deficit duty and penalty of Rs. 6954-60 and Rs. 10 were demanded.

(3.) THE petitioner thereafter moved the Board of Revenue under S. 56 (1) of the act. The Board of Revenue ordered stay of collection of stamp duty and penalty and posted the petition for hearing on 6-1-1961. But even in advance of that date, the Board made an order dated 17-12-1960 stating that as the District Registrar "has the powers of the Collector under the Stamp Act and has already passed orders" the Board could not interfere under S. 56 (1) of the Act.