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

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.

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