=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.594 OF 2004 NO.594 OF 2004 NO.594 OF 2004 IN IN IN WRIT WRIT WRIT PETITION NO.62 OF 2003 PETITION NO.62 OF 2003 PETITION NO.62 OF 2003 The Chief Controlling Revenue Authority, Maharashtra State, Pune and anr. ...Appellants v/s Mr Sanjay K. Patel ...Respondent Mr C.W. Mattos, AGP for Appellants. Mr Naushad Engineer i/b M/s Vijaykumar and Co. for Respondent. CORAM CORAM CORAM : : : D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 18TH FEBRUARY 2009 18TH FEBRUARY 2009 18TH FEBRUARY 2009 =2= P.C. :- 1. By consent of parties, the appeal is disposed off in following terms. 2. The order of the learned Single Judge dated 19th July 2004 in writ petition No.62 of 2003 in so far as it records a finding that the element of agency is absent in the document which is styled as agreement of joint venture is set aside. The proceedings are remitted back to the appellant No.1 for deciding the appeal, particularly the element of agency. It is common ground between the parties that no finding is required to be recorded by the appellant No.1 on the aspect that there is agreement between the parties and that agreement is of sharing profits. The point to be decided by the appellant No.1 is whether there is an element of agency so that the arrangement can be styled as partnership. It is clarified that in case a finding is recorded that there is an element of agency, the document would be termed as partnership deed. On the contrary, if the appellant No.1 finds that there is no element of agency, then the document will have to be stamped as development agreement. The interim order which is operating presently shall continue to operate =3= during the pendency of the proceedings before the appellant No.1. The appellant No.1 while disposing off the proceedings, shall make appropriate order in that regard also. Appeal is disposed off. No order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)