- (1.) P. Singh, Rakesh Dwivedi, Senior Advocates and S/sri Manish Goyel, S. D. Singh, Ritvik upadhyay, V. K. Upadhyay, Vishal Kakkar, shahid Rizvi, Rakesh Ranjan, Tripathi B. G. Bhai Advocates for the petitioner and Sri sanjay Goswarni, learned Standing Counsel for the respondents.
(2.) ON a difference of opinion between brother Yatindra Singh. J and brother Ran vijay Singh, J in six connected writ petitions m/s. Hero Motors Ltd; Dhampur Sugar Mills ltd; M/s. Amar Ujala Publications Ltd; M/ s. Telesia Trading and Finance Ltd; M/s. Prudential merchants and Traders Ltd and M/s. Padamshree Projects, this matter has been referred for opinion to me. In the other writ petitions the question involved was the same and as such it appears the Division Bench before which these cases were being heard has tagged those cases with M/s. Hero Motors or other connected cases in which there was a difference of opinion between Brother yatindra Singh J and Brother Ran Vijay singh J. The question substantially involved in these writ petitions has been stated by brother Yatindra Singh J as follows: - "whether any stamp duty can be charged under, Article 23 of Schedule 1-B of the indian Stamp Act as applicable in our State (the U. P. Stamp Act) on the scheme of arrangement sanctioned by the court, which may be de-merger of going concern with another company or amalgamation/merger of one company with another company".
(3.) THREE points for determination were framed by brother Yatindra Singh, J in his judgment and have been answered by the two learned Judges: (i) Whether the writ petitions are liable to be dismissed on the ground for alternative remedy? (ii) Whether the scheme of arrangement, sanctioned by the court, (which includes a scheme of de-merger and merger of the go ing concern with another company and a scheme for amalgamation/merger of a company with another company) is an instrument and a conveyance within the meaning of the U. P. Stamp Act? (iii) In case the answer to the aforesaid point is in the affirmative then, whether such scheme is covered by Article 23 of Schedule 1-B of the UP Stamp Act?;