Court No. - 33 Case :- WRIT - C No. - 39740 of 2010 Petitioner :- Idea Cellular Limited Respondent :- State Of U.P. & Others Petitioner Counsel :- Alok Mishra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri Alok Mishra, learned counsel for the petitioner and the learned
Standing counsel.
The dispute in the present writ petition is whether the agreement dated
31.12.05 is a lease deed or a licensee for the purposes of payment of stamp
duty. The authorities below have held it to be a lease deed and has directed for
charging stamp duty accordingly.
The submission of the learned counsel for the petitioner is that the writ
petition involving similar controversy in respect of identical agreements are
pending in the High Court and the matter is also drawing attention of the
Supreme Court.
Learned Standing counsel prays for and is allowed three weeks for filing
counter affidavit. One week thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List on 16th August, 2010 on which date similar matters are likely to be
listed.
Following the earlier interim orders passed by this Court in matters involving
similar controversy it is provided that as an interim measure the operation of
the impugned orders dated 23.10.09 and 22.2.09 shall remain stayed until
further orders of the court.
Order Date :- 12.7.2010
piyush