State Bank Of Indore v. Gills Goods Carriers Private LTD.
1987-02-20
G.L.OZA, V.KHALID
body1987
DigiLaw.ai
(1) WE are told that the suit out of which this civil appeal arises had been compromised and the amount payable by the respondent to the appellant had been paid. The only question that remains to be decided is whether the document on which the suit was filed is an agreement simpliciter or a bond. The High court found it to be a bond and after impounding the document it imposed a penalty ten times the stamp duty. We are told by the appellants counsel that an application was made before the Chief Controlling Revenue Authority under the Stamp Act for refund of the penalty and that this application has not yet been disposed of. We dispose of the appeal directing the Collector of Stamps, Delhi to consider the application sympathetically and pass appropriate orders in accordance with law. In the circumstance of the case we feel that imposition of penalty ten times is on the high side.