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2016 (11) TMI 1690 - HC - Indian LawsApplication for vacating the interim order - agreement for sale transcribed on sufficient Stamp Paper or not - HELD THAT:- The agreement for sale which was allegedly entered into between the parties, has also annexed to the injunction application. The agreement was typed out on ten rupee Non-Judicial Stamp Paper - it is found that the agreement itself was typed out on insufficient Stamp Paper. Such an agreement for sale parse cannot be enforced unless the document is impounded. Impounding can be done only when the original agreement is tendered into evidence. The plaintiff claims that he has paid a sum of ₹ 65,00,000/- on account of earnest money in cash. The agreement does not contain any receipt clause. No separate receipt is also forth-coming from the side of the plaintiff showing payment of ₹ 65,00,000/- to the defendants; even the agreement does not contain any description of the notes by which such payment was tendered to the plaintiff - It cannot be held that a prima facie case has been made out by the plaintiff for going for trial. The learned Trial Judge did not commit any illegality by refusing to pass any ad interim order of injunction in such a suit - Appeal dismissed.
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