Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India arises from an order dated July 16, 2018 passed in a suit for specific performance of a contract, valued at Rs.2,51,00,000/-. The petitioners filed the said suit and the trial court, upon impounding the agreement on which the suit was based, sent down the same to the Collector for assessment of stamp duty. The Collector had the same assessed and sent back a report, along with the agreement as well as the value assessed by the District Registrar, Purulia (who was authorised by the Collector to so assess), to the court. Vide Order No. 41 dated August 29, 2017, the trial Judge recorded the receipt of the report along with the other documents and fixed September 16, 2017 for the payment of actual stamp duty and registration fee.
(2.) Subsequently, the defendants/opposite parties filed an application for modification of the order of impoundment by directing the plaintiffs/petitioners to deposit the penalty due on the deficit stamp duty as well, which had not been awarded by the Collector. By the impugned order dated July 16, 2018, the said application of the defendants/opposite parties was allowed on contest, directing the plaintiffs to pay the deficit stamp duty of Rs.50,47,000/-, as assessed by the Collector, along with Rs.5,04,70,000/- (ten times the assessed stamp duty) as penalty.
(3.) The plaintiffs/petitioners have challenged the said order dated July 16, 2018.;