Kabir, J. - (1.) The judgment of the Court was as follows These three appeals have been taken up together for hearing and disposal as they involve a common question as to whether an order passed by the Company Court under Section 394 (1) of the Companies Act, 1956, is a "conveyance" and an "instrument" under the Indian Stamp Act, and, therefore, liable to stamp duty.
(2.) . As will appear from the materials-on-record, an application was filed by Gemini Silk Limited and Another before the learned Company Judge, being "Company Petition No. 74 of 2002, praying for sanction of a Scheme of Re-construction and / or Amalgamation pursuant to Sections 391, 392, 393 and 394 of the Companies Act, 1956. By his order dated 8th August, 2002, the learned Judge, inter alia, held that an order sanctioning such a Scheme under Section 394 of the said Act is covered by the definition of the expressions "conveyance" and "Instrument" under the Indian Stamp Act and was, therefore, liable to payment of stamp duty. The learned Company Judge directed that the Registrar of Companies shall not take on record an order sanctioning a Scheme until the same was duly stamped. The concerned department of this Court was directed to engross the final order sanctioning a Scheme under Section 394 of the aforesaid Act on appropriate stamp paper, before placing the same for final signature.
(3.) . The appellants in these three appeals were not parties to C.P. No. 74 of 2002, or to the said order dated 8th August, 2002, but in the aforesaid facts and circumstances their rights have been affected by the said order which has compelled them to file the three appeals, along with connected applications for leave to appeal after condonation of the delay in filing the same.;