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2015 (12) TMI 571 - HC - Indian LawsPermission to increase in authorised share capital of the Petitioner Company as per the orders passed by BIFR without the payment of the requisite fees - Held that:- In the first instance, there was considerable debate and argument as to whether the BIFR prepared and sanctioned the Scheme within the meaning of section 18 of the Sick Industrial Companies (Special Provisions) Act 1985, the representative of the State was present or not and whether the Scheme was duly circulated and brought to the notice of the State Government. However, after taking instructions, Mr Patwardhan states that the Petitioners would make an application referring to the State's power under section 9 and invoke the same specifically so as to claim remission or compounding of the proper stamp duty on the instrument in question. If such an application is made to the Government and addressed to the Principal Secretary, Revenue Department, Government of Maharashtra, the same shall be duly considered on its own merits and in accordance with law and a decision taken thereon. Such a decision shall be taken and duly communicated to the Petitioners within a period of three months from the date of receipt of such application. Once the Authorities have agreed in the aforesaid terms, then we need not decide any wider question or controversy. We keep the same open to be gone into in an appropriate case or state. We dispose off the Petition by accepting the statement of the learned Additional Solicitor General and in terms of the directions issued to the State of Maharashtra above. There will no order as to costs. The State Government shall also take into consideration the Petition before us and the averments and statements therein, so also contents of all the annexures.
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