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CARMEL KURIES AND LOANS PVT. LTD. versus K.X.SEBASTIAN JOSEPH, AGED 43 YEARS

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CARMEL KURIES AND LOANS PVT. LTD. v. K.X.SEBASTIAN JOSEPH, AGED 43 YEARS - WP(C) No. 31731 of 2005(C) [2007] RD-KL 14980 (6 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31731 of 2005(C)

1. CARMEL KURIES AND LOANS PVT. LTD.,
... Petitioner

Vs

1. K.X.SEBASTIAN JOSEPH, AGED 43 YEARS,
... Respondent

2. ANTONY JOSEPH, AGED 47 YEARS,

3. M.J.ANTONY, AGED 35 YEARS,

4. M.F.VARGHESE, AGED 38 YEARS,

For Petitioner :SRI.N.F.JAMES

For Respondent :SRI.T.C.SURESH MENON

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :06/08/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.31731 OF 2005 ...........................................................

DATED THIS THE 6TH AUGUST, 2007



J U D G M E N T

The petitioner, a chitty foreman who filed a suit for recovery of money against a subscriber and sureties, relying inter alia on Ext.P2 chitty security agreement, seeks in this Writ Petition a writ of mandamus directing the learned Munsiff to mark Ext.P2 as Ext.A3 in the suit without insisting on payment of deficit stamp duty (and also penalty) on the basis that the document is liable to be stamped under Article 19 of the Schedule to the Kerala Stamp Act.

2. Heard both sides.

3. As rightly submitted by Mr.Tojan J.Vathikulam, counsel for the petitioner, the issue is covered in favour of the petitioner by my own judgment in Sannidhanam Chitties Ltd. v. Remadevi Mohandas and others (ILR 2007 (3) Kerala 161). I do not know why the learned Munsiff thought that Ext.P2 is a chitty variola which attracts stamp duty as per Article 19. Ext.P2 is an agreement and is liable to be stamped only as an agreement. I find that Ext.P2 is properly stamped as an agreement. I therefore allow the Writ Petition in view of the various reasons stated in Sannidhanam Chitties' case (supra), set aside the order WP(C)N0.31731/05 dated 4.11.2005 passed by the learned Munsiff directing that Ext.P2 (Ext.A3 referred to in the proof affidavit) shall be stamped under Article 19 of the Schedule to the Stamp Act and direct the learned Munsiff to permit marking of Ext.P2 chitty security agreement as Ext.A3 in the suit.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0.31731/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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