STATE OF MAHARASHTRA Vs. PRASHANT

JUDGEMENT

(1.) The learned Principal District Judge, Aurangabad has forwarded this reference under Section 113 of the Code of Civil Procedure. The points formulated by the learned District Judge in the statement submitted to High Court are as noted below:

(2.) An application was tendered by auction purchaser in Regular Darkhast No. 60/2009 claiming refund of stamp duty deposited by the auction purchaser alongwith interest, if any. While considering the application, relying on the judgment of the Supreme Court in the matter of Municipal Corporation, Delhi v. Pramod Kumar Gupta, 1991 AIR(SC) 401, the learned District Judge was pleased to allow the application. It was further ordered by the District Judge that the amount be refunded only refcase2.10 3 after hearing the District Government Pleader. Accordingly, the District Government Pleader was heard in the matter and, on consideration of the arguments, the learned Principal Distirct Judge was pleased to recall the order passed earlier in respect of refund of stamp duty. It is also further directed that the payment shall not be released to the auction purchaser till the opinion of the High Court is received.

(3.) In the statement forwarded by the learned District Judge as contemplated by Order XLVI Rule 7 of the Code of Civil Procedure, it is recorded as below: