1 CA 699/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.699 of 2011 IN APPEAL FROM ORDER NO.814 of 2009 Shantilal L. Jain ... Applicant versus Mrs.Chandralekha Vimal Shukla & Anr ... Respondents ... Mr.Y.K.Sharma i/b Mrs.Rita Abraham for the applicant. CORAM : D.G. KARNIK, J DATED : 3rd May 2011. P.C. 1. Heard learned counsel for the applicant. None present for the respondents though the matter has been notified on board. 2. By this application, the applicant seeks for a modification/ clarification of the order dated 13 December 2010 which reads thus:- “Perused the letter of the Civil Judge, Sr. Division, Palghar for extension of time. The reason for extension is that the Collector of 2 CA 699/11 Stamps has not returned the documents which is impounded after recovery of the stamp duty. Collector (Stamps) is therefore directed to complete the process of adjudication and recovery of the stamp duty within four weeks. Copy of this order be sent to the Collector. The time for decision is extended by six months. The trial Court is also directed to inform the Collector (Stamps) of this order.” 3. Learned counsel for the applicant states that the applicant is aggrieved by the order of the Collector determining the stamp duty and penalty and has filed an appeal before the appellate authority. However, the authorities under the Bombay Stamp Act are seeking to recover the stamp duty and the appellate authority is not considering the application for stay because of a misinterpretation of the direction issued by this Court that Collector shall recover stamp duty within four weeks. When the order dated 13 December 2008 was passed what was meant was that process of adjudication shall be completed within four weeks and thereafter the stamp duty and penalty shall be recovered in accordance with law. Obviously, that recovery was subject to any decision in appeal filed against the decision of the Collector in accordance with law. The order of this Court was not intended to mean that the stamp duty and penalty should be recovered without deciding the statutory appeal available to the applicant. It is accordingly clarified that the appellate authority shall consider the application for stay for recovery of the 3 CA 699/11 stamp duty and penalty on its own merits and the direction for recovery of the stamp duty and penalty within four weeks shall be subject to the decision on the stay application. 4. All concerned to act on a copy of this order duly authenticated by the Sheristedar of this Court. (D.G.KARNIK, J)