SHWETA ADITYA MALHOTRA vs THE COLLECTOR OF STAMPS ANDHERI DIVISION

Judgment text excerpt

-WP12021-2025-SPM.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12021 OF 2025 Shweta Aditya Malhotra ...Petitioner Versus The Collector of Stamps, Andheri Division …Respondent Mr. Saurish Shetye, a/w Pavan Pandey and Devendra Agarwal, i/b Prem Kumar Pandey, for the Petitioner. Ms. Aloka Nadkarni, AGP for the State. CORAM: N. J. JAMADAR, J. Reserved On: 3rd DECEMBER, 2025 Pronounced On: 28th JANUARY, 2026 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner takes exception to an order dated 29th May, 2025 passed by the Collector of Stamps, Andheri Division, Mumbai, whereby the Collector has determined the duty on the sale certificate at the market value of the subject property (Rs.8,34,91,500/-) instead of the consideration paid at the auction sale (Rs.2,01,31,000/-). 3. Shorn of unnecessary details, the background facts leading to this petition can be stated as under: 1/21 Order corrected as per order dated 30/1/2026. -WP12021-2025-SPM.DOC 3.1 The property bearing Survey No.C/1112 admeasuring 142.97 sq. mtrs., with a building standing thereon, situated at H-Ward No.1976(2), street No.40A, Sherly Rajan Road, Bandra West, Mumbai, was the secured asset. In Original Application No.42/2001, the Debt Recovery Tribunal-1, Mumbai, (‘the DRT-1’) had drawn up a recovery certificate in favour of Central Bank of India, the certificate holder, towards recovery of the certificated amount alongwith further interest and charges, thereunder. The Recovery Officer, DRT-1, Mumbai, had ordered the sale of the subject property. A sale proclamation was issued on 30th Septemb