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Allahabad High Court
Sudesh Chandra Gupta vs State Of U.P. & Ors. on 2 July, 2010
Court No. - 33

Case :- WRIT - C No. - 37722 of 2010

Petitioner :- Sudesh Chandra Gupta
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- Navin Chandra Srivastava
Respondent Counsel :- C.S.C.

Hon'ble Pankaj Mithal,J.

The question involved in this petition is regarding stamp duty to be charged
on security deposit given by the due performance of a contract under the
Indian Stamp Act. This question has been considered in detail by a Division
Bench of this Court in Writ Petition No. 35096 of 2004 (M/s Strong
Construction Vs. State of U.P. and others) decided on 22.3.2005 along with
91 other connected petitions.

Learned Standing Counsel prays for and is granted six weeks’ time for filing
rejoinder affidavit. Two weeks’ thereafter is allowed to the petitioner for filing
rejoinder affidavit.

List after two months.

In view of the decision rendered in M/s Strong Construction Supra, the
operation of the impugned orders dated 3.3.2010 and 8.1.2010 shall remain
stayed and respondents are directed not to compel the petitioners to pay stamp
duty on security deposit in question treating it as ” mortgage deed” and to
charge stamp duty on such security as provided under Article 57(b) of
Schedule 1-B of the Indian Stamp Act.

Order Date :- 2.7.2010

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