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Drat Mumbai Court April 2004 Judgments

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Apr 22 2004

State Bank of Saurashtra Vs. N.C.K. Sons Export

Court: DRAT Mumbai

Decided on: Apr-22-2004

Reported in: III(2004)BC244

1. This Misc. appeal is filed by the appellant/applicant Bank namely State Bank of Saurashtra being aggrieved by order dated 17th February, 2003 passed by the learned Presiding Officer of Debts Recovery Tribunal, Ahmedabad on Exhibit No. R/20 in Original Application No. 65 of 1999. By the impugned order, the learned Presiding Officer partly allowed the application of the defendants/respondents herein, wherein the defendants had prayed that the various documents mentioned in the application be impounded as they were not sufficiently stamped and hence, they were not admissible in evidence unless the applicant-Bank paid stamp duty in terms of Article 6 of Schedule I of the Bombay Stamp Act, 1958. The learned Presiding Officer rejected the said contention of the defendants with respect to other documents mentioned in the application but partly allowed the application by observing that document placed at page Nos. 44 to 46 of the paper book was not sufficiently stamped and as such was not ...


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