The Allahabad High Court has asked the Gautam Budh Nagar district administration to revisit its decision to impose penalty on non-payment of dues on the Bank of Maharashtra. In 2012, the Noida Authority allotted a plot in sector 52 to Bank of Maharashtra for ₹10.36 crore. The bank paid it and the Noida Authority executed a registered lease deed in its favour in October 25 and the possession certificate was issued five days later on the payment of stamp duty of ₹66.10 lakh.
However, the district assistant commissioner for stamp calculated stamp dues as ₹82.89 lakh. Since the bank paid ₹66.10 lakh stamp duty, the district assistant commissioner for stamp in 2014 issued a notice to the bank claiming there was a ₹16.79 lakh deficit with regard to the stamp duty. raised the demand for deficit of ₹16.79 lakh with a 100% penalty. The cost of plot calculated was at the market value and not according to the authority allotted amount because of which the bank approached the court for resolution.
However, on the given date, bank’s advocate failed to appear in court and the then additional district magistrate (Revenue & Finance) Keshav Kumar passed an ex-parte order (issued when either party to the case is not present) for payment of the deficit with a penalty of ₹33.58 lakh.
Appealing before the high court, counsel for the petitioner submitted that the bank was ready to deposit the deficit but wished that the matter be heard on merits of the case. “High court judge Mahesh Chandra Tripathi set aside the ADM’s orders and directed that the matter be decided afresh. Bank of Maharashtra has been directed to deposit the outstanding amount with a nationalised bank. Any deposit would be subject to final outcome of ADM proceedings,” said Amrish Sahai, petitioner’s advocate.