High Court of Judicature at Allahabad
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M/S Hero Motors Limited, New Delhi Thru Its President v. State Of U.P. Thru' Adm (Finance & Revenue) And Others - WRIT - C No. 41811 of 2006  RD-AH 12992 (4 August 2006)
Hon. Yatindra Singh,J.
Hon'ble Ran Vijai Singh,J.
1. The counsel for the petitioner submits
The transfer in pursuance of scheme of arrangement was made after approval was granted by Delhi High Court on 22.7.2004 as corrected on 30.7.2004 and is not a 'conveyance' within the meaning of Stamp Act.
By the aforesaid order business alongwith assets and liabilities were transferred and as such the value after deducting the liabilities ought to have been taken into account.
The Hindustan leaver case relied upon by respondent no. 2 is not applicable in U.P. It was a case arising from Maharashtra where law is different and contains specific provisions to this effect.
The questions involved are questions of law. They do not require any investigation of facts and the petitioner may not be relegated to the alternative remedy.
2. Issue notice.
Notices on behalf of all the respondents have been accepted by Standing Counsel. He prays for and is granted one month's time to file counter affidavit. Rejoinder affidavit may be filed within 3 weeks thereafter.
3. List this petition in the week commencing 9.10.2006 for admission.
Till the next date of listing , the operation of the impugned order dated 8.6.2006 shall remain stayed provided the petitioner deposits a sum of Rs.7,88,300/- before respondent No.3 within a period of one month and furnishes security (other than cash or bank guarantee) for Rs.9,50,00000 before respondent no. 3 within the same period.
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