Mills Cotton Company v. Shree Kumaravel Textiles Ltd. , Bangalore
2005-11-24
H.BILLAPPA
body2005
DigiLaw.ai
ORDER 1. This revision is directed against the order dated 16-6-2001 passed by the City Civil Court, Bangalore (CCH-11) in A. C. No. 32/1993 directing the petitioner herein to pay duty and penalty under Article 11 of the Karnataka Stamp Act. 2. It is noticed from the order dated 27-7-2000 that the Court has directed to draw up the decree on payment of Court-fee stamp and it has not directed to pay any duty and penalty. In view of this, the Court below was not justified in directing the petitioner to pay duty and penalty and it is without any basis. In view of this, the impugned order cannot be sustained in law. 3. Accordingly, the revision petition is allowed and the impugned order passed by the Court below is hereby set aside. However this will not come in the way of Court proceeding under Section 58 of the Karnataka Stamp Act if it is permissible under law. 4. The learned Government Pleader is permitted to file her memo of appearance within two weeks from to day. 5. Petition allowed.