TMI Blog2022 (11) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... Member (J) And Veera Brahma Rao Arekapudi, Member (T) For the Appellant : Aruva Raghuram and G. Jagadish, Advocates For the Respondents : M.S. Prasad, Senior Counsel ORDER 1. This is an application filed by the Company, M/s. Hira Multi Construction Ventures Pvt. Ltd., which is shown as 1st Respondent in the Company Petition CP(IB) No. 767/59/HDB/2019 for leave to either impound itself the transfer deeds and collect the appropriate stamp duty alongwith the penalty, if any, or otherwise may refer the instruments Transfer Deed (Form 7B) to the District Registrar/Collector, Hyderabad for the collection of the deficit stamp duty and penalty by impounding the same, in the interest of justice. 2. It is stated that the Respondent/Petitioner has raised a ground that the transfer deeds which are marked in the evidence are not properly stamped as according to the Indian Stamp Act. 3. It is stated that the procedure has been contemplated under Section 33 of the Indian Stamp Act wherein a deficiently stamped document can be impounded by the person in-charge of the public office or by the Collector, as the case may be. 4. Section 31 to 34 of the Indian Stamp Act rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: Provided that nothing in this section shall authorise the Collector to endorse- (a) any instrument executed or first executed in [India] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be; (b) any instrument executed or first executed out of [India] and brought to him after the expiration of three months after it has been first received in [India]; or (c) any instrument chargeable [with a duty not exceeding ten naye paise], or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped. 33. Examination and impounding of instruments- (1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f of Respondent 1 and opposed the application orally contending that the application is not maintainable in as much as the very plea of transfer of shares of the 1st Respondent itself is not sustainable and untenable and the transfer deeds is void ab initio. 7. In the light of the same, the point that emerges for consideration is: Whether the Petitioner can be permitted to pay deficit stamp duty alongwith the penalty, if any, upon adjudication by this Tribunal, District Registrar/Collector, Hyderabad on the original transfer deed (Form 7-B) on a document which was marked without any objection? 8. We have heard Mr. G. Jagadish, Learned Counsel for Applicant and Mr. M.S. Prasad, Learned Senior Counsel for Respondent 1. 9. At the outset, it may be stated that while it is the contention of the Learned Counsel for the Petitioner herein, that the Original Transfer Deed (Form 7-B) said to have been executed by the Petitioner in the main petition is insufficiently stamped, learned counsel for the purported transferor would contend that Original Transfer Form-7B is not at all stamped. Be that as it may, PW 1, Mr. Waheeduddin Azmi when confronted with the said Original Transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arnath vs. Smt. Puttamma reported in 2004 Karnataka Law Tribunal wherein it has been held that- The Court should not depend on objections of the other Counsel before considering whether the document is admissible in evidence or not. Section 33 of the Stamp Act cats a duty on the Court to examine the document to find out whether it is duly stamped or not, irrespective of the fact whether an objection to its marking is raised or not. It should be borne in mind that once a document is admitted in evidence, it cannot be called in question thereafter on the ground that it was not duly stamped. Once the Court admits a document even wrongly, such admission becomes final and cannot be reopened. Hence, the need for diligence not only on the part of the opposite Counsel, but also on the part of the Court having regard in the statutory obligation under Section 33 of Karnataka Stamp Act . 14. Reliance in this regard also can be placed on the following ruling of the Hon'ble High Court of Bombay, in re, Priya vs. Parushuram Printers and others reported in the wherein it has been held that- In above circumstances, in my opinion, the Trial Court must have accepted the request o ..... 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