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Bombay High Court

SAI AADHAR ASSOCIATESversusAMIT ANANT HANANMGHAR AND ANR

Decided
Disposal
Disposed Off

Holding

The impoundment of the Development Agreement under Section 33 of the Maharashtra Stamps Act, 1958 was proper and the petition is dismissed.

Summary

Sai Aadhar Associates filed a writ petition challenging a Civil Judge's order that impounded a Development Agreement dated 7 December 2007 under Section 33 of the Maharashtra Stamps Act, 1958, on the ground that stamp duty was deficient. The Civil Judge had found a deficit in stamp duty and ordered the document sent to the Collector of Stamps for adjudication. The High Court examined the provisions of Sections 33 and 34 of the Stamps Act, noting that an insufficiently stamped document must be impounded and cannot be admitted as evidence unless the deficit duty and any penalty are paid. The Court held that the impoundment was proper and there was no basis to entertain the petition. Consequently, the petition was dismissed.

Issues considered

  • What is the correct legal effect of a finding of deficit stamp duty on a document under Section 33 of the Maharashtra Stamps Act, 1958?
  • Whether the High Court can set aside the Civil Judge's order impounding the Development Agreement?

Subjects

  • stamp duty
  • impoundment
  • evidence
  • Maharashtra Stamps Act
  • civil procedure
  • writ petition

Judgment

       Digitally
       signed by
       MEERA
MEERA MAHESH
MAHESH JADHAV                                                               33-WP-9063-26.DOC
JADHAV Date:
       2026.08.20
       16:02:57
       +0530


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 9063 OF 2026


                    Sai Aadhar Associates                                ...Petitioner

                            Versus

                    Amit Anant Hananmghar And Ors.                       ...Respondents

                                                        ----------
                    Mr. P. D. Gole i/b Mr.P. M. Patil for Petitioner.
                                                       -----------

                                                      CORAM:        N. J. JAMADAR, J.
                                                      DATE :        18th AUGUST 2026
                    P.C.:

                    1.      Heard the Learned Counsel for the Petitioner.

                    2.      The challenge in this petition is to an order dated 27 th February

                    2026 passed by the Learned Civil Judge, Pune, whereby the

                    Development Agreement dated 7th December 2007 has been impounded

                    by the Learned Civil Judge invoking power under Section 33 of the

                    Maharashtra Stamps Act 1958.

                    3.      The Learned Civil Judge has recorded categorical finding in

                    Paragraph 16 of the impugned order that the stamp duty paid on the

                    said Development Agreement was deficit and, therefore, the said

                    document was required to be impounded and sent to the Collector of

                    Stamps for adjudication of the deficit stamp duty and penalty thereon.



                    Meera Jadhav                            1/2
                                                       33-WP-9063-26.DOC

4.     As under Section 34 of the Stamps Act, 1958, no document which

is not sufficiently stamped can be admitted in evidence for any purpose

by any Court or authority, and under Section 33, the person before

whom such insufficiently stamped document is produced or comes, is

enjoined to impound the same, no fault can be found with the

impugned order. In view of the proviso (a) to Section 34 of the Stamps

Act 1958, if the deficit stamp duty and penalty, if any, is paid, such

document can be admitted in evidence.

5.     Therefore, there is no propriety in entertaining this Petition.

6.     The Petition, accordingly, stands dismissed.




                                              [N. J. JAMADAR, J.]




Meera Jadhav                           2/2


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