THE SUB REGISTRAR ERNAKULAM KOCHI vs K. SYED ALI KADAR PILLAI

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 1326-1327 of 2010

THE SUB REGISTRAR ERNAKULAM KOCHI 16 APPELLANT(S)

VERSUS

K. SYED ALI KADAR PILLAI & ANR. RESPONDENT(S)

JUDGMENT

Having heard learned counsel for the parties and having

perused the material placed on record, we find no reason to

consider interference in the impugned judgment dated 02.04.2008,

particularly in view of the facts that the sale in question took

place under the supervision of the Company Court and even when the

auction bid of the respondent had been Rs. 1.935 crores for the

assets under sale, the Company Court had fixed the value of

immovable property therein at Rs. 1.4 crores; and the District

Registrar was also satisfied with that valuation. Therefore, stamp

duty was to be collected only on the said valuation i.e., Rs. 1.4

crores.

The impugned judgment, essentially proceeding on the peculiar

facts and circumstances of the present case, calls for no

interference.

The appeals stand dismissed, as such.

No costs.

…………………………………………………J

(DINESH MAHESHWARI)

…………………………………………………J

(ANIRUDDHA BOSE)

NEW DELHI;

MARCH 24, 2022.

Indian Constitution