- 1 - NC: 2025:KHC:10371 WP No. 63005 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.63005 OF 2016 (GM-ST/RN) BETWEEN: TOP GAINS MINERALS MACAO COMMERCIAL OFFSHORE LTD., AVENIDA DE MARCIANA BAPTISTA NO.26, CENTRO COMMERCIAL "CHONG FOK" 15 ANDAR G, MACAU REPRESENTED BY MR. DHARMENDRA VASU, CONSTITUTED ATTORNEY OF THE PETITIONER COMPANY. …PETITIONER (BY SRI. GEORGE PHILIP, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT, VIDHAN SOUDHA, BANGALORE - 01. 2. DEPUTY COMMISSIONER (STAMPS) AND DISTRICT REGISTRAR FOR STAMPS GANDHINAGARA REGISTRATION DISTRICT, BANGALORE - 01. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE PRESENT CASE AND AFTER SCRUTINIZING THE SAME TO STRIKE DOWN AND QUASH THE IMPUGNED ORDER DATED. 2.11.2016 ISSUED BY THE R-2 VIDE ANNEXURE-A AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10371 WP No. 63005 of 2016 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i) Issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order and/or Direction, calling for the records of the present case and after scrutinizing the same to strike down and quash the Impugned Order dated 02.11.2016 in case No.GNR/ADJ/67/2016- 17 issued by the 2nd Respondent marked as Annexure 'A'; ii) Issue a Writ in the nature of Prohibition or such other appropriate writ as may be appropriate restraining the Second Respondent from proceeding further pursuant to the Impugned Order dated 2nd November, 2016 in case No. GNR/ADJ/67/2016-17 under the provisions of Karnataka Stamp Act 1957. iii) An appropriate writ, order and/or direction to the Second Respondent to receive Rs.5,81,695.49 and Rs.69,468/- towards the stamp duty payable when the arbitral award was presented before the second Respondent upon receipt in the State of Karnataka in terms of the amendment to Article 11 of the Karnataka Stamp Act , 1957 or any such other amount that may be calculated strictly in terms of the amended Article 11 of the Karnataka Stamp Act, 1957; - 3 - NC: 2025:KHC:10371 WP No. 63005 of 2016 iv) Issue appropriate Writ holding repealed Article 11 of the Karnataka Stamp Act, 1957 as unconstitutional and not to be applied for calculation of stamp duty on the awards. v) In the alternative, grant such other relief/s as this Hon'ble Court may deem fit in the facts and grounds of the instant case. vi) Award costs of the Proceedings. 2. Memo dated 11.03.2025 has been filed by the counsel for the petitioner, which reads as under: "The petitioner seeks leave of this Hon'ble Court to withdraw above Writ Petition with a liberty to file a fresh Petition in the ends of justice and equity" 3. Accepting the said memo and submission of the learned counsel for the petitioner, petition stands dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 50