Heard learned counsel for the petitioners and the learned standing counsel.
The question involved in this petition is regarding the stamp duty to be charged on security deposit under the provisions of Indian Stamp Act. This question has already been considered by a detailed judgement of this court in writ petition no. 35096 of 2004 (M/s Strong Construction Vs. State of U.P. and others) decided on 22.3.2005.
In view of that the writ petition succeeds and is allowed. The impugned orders dated 19.4.2010 and 22.5.2010 are hereby quashed. The respondents are directed not to compell the petitioners to pay stamp duty on security deposit treating as mortgage deed and further to charge stamp duty on such securities as provided under Article 57(b), Schedule I-B, the Indian Stamp Act.
The writ petition stands allowed subject to the above directions.
No order as to costs.
Order Date :- 21.6.2010 R.C.