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2026 DAILYLAW 4340 (BOM)

SAI AADHAR ASSOCIATES v. AMIT ANANT HANANMGHAR AND ANR

WP/9063/2026 · 2026-08-18

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Judgment text

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33-WP-9063-26.DOC 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 27th 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 MEERA MAHESH JADHAV Digitally signed by MEERA MAHESH JADHAV Date: 2026.08.20 16:02:57 +0530 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