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ICICI Bank Ltd. & Anr Vs. State of Maharashtra & Anr [2008] Insc 134 (5 February 2008)

Tarun Chatterjee & H.S.Bedi

O R D E R CIVIL APPEAL NO.1042 OF 2008 (Arising out of SLP(C) No.3577 of 2007) Leave granted.

This appeal is directed against an interim order passed by the High Court of Judicature at Bombay in Writ Petition No.2856 of 2006 which is now challenged before us. The order passed by the High Court reads as follows:-

"7. Until further orders, the ad-interim order dated 8.11.2006 shall remain operative. However, this will not preclude Respondent No.2 from seeking necessary information concerning the documents which in his opinion have resulted in evasion of stamp duty and upon receipt of such notice, the Petitioner are directed to provide necessary information to Respondent No.2."

We are informed that the Writ Petition is ready for hearing. Without going into the merit of the matter and without prejudicing to the rights and contentions of the parties, we are of the view that the portion namely, "7. Until further orders, the ad-interim order dated 8.11.2006 shall remain operative. However, this will not preclude Respondent No.2 from seeking necessary information concerning the documents which in his opinion have resulted in evasion of stamp duty and upon receipt of such notice, the Petitioner are directed to provide necessary information to Respondent No.2."

be deleted and the High Court is requested to dispose of the Writ Petition which is now ready for hearing within two months from the date of communication of this Order.

We, however, make it clear that while issuing notice on 07.03.2007, we have already directed the respondent No.2 to produce public documents.

The appeal is disposed of accordingly.

There shall be no order as to costs.

 

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