-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 2730/2008. ( Mohd. Ismail Mohd. Usman -versus- Mahendrakumar Ratanlal Agrawal) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : SEPTEMBER 29, 2008. The Trial Court has by impugned order called upon the plaintiff to pay deficit stamp duty on the agreement of sale dated 20.09.1990. Advocate Shri Khapre, for petitioner/defendant, contends that the procedure followed is faulty, in as much as the document has not been forwarded to the Competent Authority for finding out the market value and for finding out the stamp duty. Advocate Shri Kasat, for respondent / original plaintiff argues that procedure followed is correct. He further states that, if Court at any point of time finds that the stamp duty is deficit, the Court has got the option to correct itself. -2- In the circumstances, I find that when the suit for specific performance is pending between the parties, interference at this stage will unnecessarily result in withholding the trial. The objection of the present petitioner / original defendant can be considered conveniently while passing final judgment and decree. If the Court finds that the document ought to have been sent to appropriate Authority, the Court after passing final judgment and decree at that stage can also pass appropriate orders so the lacunae can be cured. It is made clear, that the observations made in the impugned order shall not come in the way, while considering the controversy at the stage of final decision of the Suit. In view of this, nothing survives, in the Writ Petition, the same is disposed as infructuous. JUDGE Rgd.