KARNATAKA BANK LIMITED Vs. ABDUL HUSSAIN

JUDGEMENT

(1.) THE petitioner is aggrieved inasmuch as the Court below declined to number the suit filed by the petitioner and returned the same directing the petitioner to comply with payment of stamp duty penalty in respect of Document No. 1, which is a memorandum of deposit of title deeds, which according to the Court below requires such payment by virtue of Article 6 (2) (a) of the Indian stamp Act.

(2.) WHEN the revision came for admission on 17. 4. 2006, notice was ordered to be served on the additional Government Pleader (Civil Side) to assist the Court.

(3.) TODAY, when the revision was taken up for hearing, the learned Additional Government pleader (Civil Side) pointed out that the very Explanation to Article 6 (2) (a) and (b) of the Indian stamp Act came to be added by Act 31 of 2004, published in the Tamil Nadu Government gazette Extraordinary Part-IV, Section 2, dated 25. 11. 2004, which came into effect on 16. 12. 2004. The explanation reads as under: "explanation.- For the purpose of this Article, notwithstanding anything contained in any judgment, decree or order of any court or order of any authority, any letter, note, memorandum or writing relating to the deposit of title deeds whether written or made either before or at the time when or after the deposit of title deeds is effected, and if it is in respect of the security for any loan, such letter, note, memorandum or writing shall be deemed to be an instrument evidencing an agreement relating to the deposit of title deeds. "