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M/S Ankit Builders Private Limited v. State Of U.P. And Others - WRIT - C No. 7864 of 2006  RD-AH 2946 (8 February 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
In the second paragraph of the impugned order dated 12.12.2005, it is mentioned that the notice could not be served in respect of proceedings under Section 47A of the Indian Stamp Act because the petitioner had sold the house in question and had moved to other place. In the circumstances, the respondent no. 3 proceeded to give an ex parte judgment dated 12.12.2005 imposing deficiency on stamp duty and penalty.
The petitioner, on coming to know of this order, has applied for setting aside of the ex parte order dated 12.12.2005 on which 15th February, 2006 is the date fixed. However, in the meantime, recovery certificate has been issued.
In the circumstances, if the petitioner furnishes a certified copy of this order before the respondent no. 3 within a week from today, the recovery of the amount imposed by the impugned order dated 12.12.2005 will remain stayed till the decision of the respondent no. 3 on the restoration application which will be disposed of by the respondent no. 3 within one month on the date on which the certified copy of this order is presented before the respondent no. 3.
The writ petition is disposed of with the aforesaid directions.
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