R.B. MEHROTRA, J. - (1.) H.Chowdhary Estates (P) Ltd. which is a company duly incorporated under the Indian Companies Act, is the petitioner in the present matter and has filed the present writ petition seeking a writ of mandamus or an appropriate writ of direction to the respondents to refund the entire amount of unused stamp papers along with interest in terms of the orders passed by the Metropolitan Magistrate, New Delhi on 17th of June, 1991.
(2.) Necessary facts for the decision of the writ petition are being noticed hereinunder: The petitioner-company started working of development of residential colony known as 'Pink City' in villages Namoli, Tuglakpur and Rohillapur in Tehsil Sikandarabad, district Bulandshahr in the year 1988. In pursuance of this scheme, the petitioner-company started negotiating for purchase of land from different land holders and entered into agreements to sell and purchase in respect of land holdings. The prospective plot holders, filed a complaint against the petitioner before the Monapolies Restrictive Trade Practices Commission, New Delhi (hereinafter referred to as 'MRTPC'). On the aforesaid complaint, the MRTPC, vide its order dated 5th of May, 1989, sealed the bank account of the petitioner in Canara Bank, Sadar Bazar New Delhi and restrained the petitioner from operating the said account.
(3.) The petitioner-company claims that it had purchased non-judicial stamps for Rs. 36,38,695.00 between 21st of February, 1989 and 1st of May, 1989 even before passing of the order by the MRTPC.;