UMESH KUMAR Vs. RAJARAM

JUDGEMENT

(1.) Yesterday, when the matter was taken up for hearing, Shri Ashok Kutumbale, who is otherwise holding the Office of Additional Advocate General, appeared in the matter and there was no representation from the side of the State Government, therefore, we recorded the proceedings and referred the copies of the same to the Advocate General for making appropriate arrangements for representation of the State in the matter where the duty and penalty is recoverable on a document and the amount is to go to the coffers of the State Government.

(2.) Today, Shri A. S. Kutumbale is not appearing in the matter, but Shri Amit Purohit appears for the petitioner, Shri B. I. Mehta appears for respondent No. 1 while Smt. Rashmi Pandit appears under the authorization by the Advocate General for the State Government.

(3.) The petitioner/plaintiff Umesh Kumar being aggrieved by the order dated 28-3-2008 passed by the learned District Judge, Mandleshwar on 28-3-2008 impounding the document in question and requiring the plaintiff to pay the duty and penalty on the document in dispute in light of the explanation appended to Article 23 of the Indian Stamp Act in its application to the State of Madhya Pradesh, requiring the plaintiff to pay TA% stamp duty on the face value of the document and pay ten times penalty.