1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6081 OF 2008 Ashok Keshavrao Thube. ..Petitioner. V/s. Smt.Bijijan Dadabhai Patel. ..Respondent. Mr.P.B.Shah for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. DATE : AUGUST 30, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. No fault can be found with the opinion recorded by the Court below that returning of documents i.e. agreement to sell (Exh.76) was on account of observations made by this Court in its Order dated 16th June, 2008 in Writ Petition No.3724 of 2008. The argument of the Petitioner that, the Order of this Court dated 16th June, 2008 does not record that such liberty was given to the opposite party to apply for return of document, though attractive at the first blush, is devoid of merit. When this Court permitted the opposite party to avail of amnesty scheme, if permissible in law, it presupposes that the party would be entitled for 2 return of document, so that the same can be produced before the appropriate authority for availing the amnesty scheme. No grievance has been made by the Petitioner before the lower Court or for that matter before this Court that Amnesty scheme was unavailable to the present document Exh. 76. 3. Be that as it may, whether amnesty scheme is available or not, is a matter which will have to be decided by the appropriate authority notified for that purpose. All questions in that behalf are left open. In the event, the authority under the Stamp Act was to take the view that amnesty scheme is unavailable to the agreement to sell Exh.76, it would necessarily follow that the document will have to redeposit with the trial Court, to be made subject to the earlier Order of impounding the same. That Order will have to be passed at the appropriate stage of the trial. All questions in that behalf are left open. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)