Sujay Gawade

Order - Status 9: ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5617 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's Orders Court's or Judge's Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.C.G.Gavnekar for the Petitioners. Mr.R.D.Soni i/by M/s.Ram & Company for Respondent No.2. CORAM : ANOOP V.MOHTA, J. DATED : 21st November, 2008. P.C. . The Petitioners have challenged the impugned order dated 24/04/2008 whereby, on application filed by Defendant Nos. 1 to 5 and 17 to 20, basically contending that before hearing of the Application Exhibit 5, it is necessary to consider the aspect of deficit in stamp as per Bombay Stamp Act. There is no dispute that the appeal against the said injunction order is also dismissed. The learned Judge, therefore, while deciding this application clearly observed that the parties are at liberty to raise this point while leading the evidence and at the time of hearing of the suit. In view of this, I see there is no reason to interfere with the said order. The intention with regard to the deficiency and as contemplated under Section 34 of the Bombay Stamp Act need to be considered at the earliest by the Trial Court. However, for grant of injunction/relief that may be one of the facet, but that itself cannot be the reason not to consider the application at this stage of the proceedings. There is no dispute that while passing the injunction order at Exhibit 5, there is always various facets which court consider to grant interim order. The validity or deficiency of stamp is a matter which can be gone into at the appropriate stage of the proceedings. Court cannot decline any interim relief on this ground. In view of this keeping all points open, the present Writ Petition is dismissed. . No costs. [ ANOOP V.MOHTA,J.]