BALLYFABS INTERNATIONAL LIMITED AND ANOTHER Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-2-6
HIGH COURT OF CALCUTTA
Decided on February 19,2021

Ballyfabs International Limited And Another Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA, J. - (1.) IA No: CAN 1 of 2020 is disposed of in view of the urgency involved and the writ petition is taken up for hearing.
(2.) The question which arises in the present writ petition is whether the e-auction sale, in which the petitioners purchased the property-in- question, was an open market sale within the purview of Section 16B of the Indian Stamp Act, 1899 (as amended in West Bengal), thus, exempting the instrument of such sale from assessment by the registering officer under the Registration Act, 1908, under Section 47A of the Indian Stamp Act (as amended in West Bengal).
(3.) Admittedly, the petitioners purchased the property in a public e-auction conducted by the IDBI Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act") for a consideration of Rs.14,01,00,000/-.;


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