ORDER NO. 4 DT. 25.11.10

HON'BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT 

Revisionist through Mr. Tapas Chakraborty, Ld. Advocate, and OP through Mr. Debasis Chatterjee, Ld. Advocate, are present.  Heard them in full.  Order is passed as under :-

Upon hearing the Ld. Advocates for the parties and consideration of the impugned order we are not inclined to interfere with the impugned order in exercise of the revisional jurisdiction for the following reasons :-

a)  The original agreement as entered into by and between the parties is yet to be produced in the proceeding before the Forum below.  In the absence of the original agreement impounding of the same upon payment of proper and adequate stamp duty is not possible.

b)  The execution and the terms and conditions as stipulated in the agreement have not been disputed by either of the parties to the proceeding.

Therefore, the question of admissibility of the said agreement as a piece of evidence does not arise at this stage.  However, it is observed that upon production of the aforesaid original agreement in the proceeding before the Forum below if for any other reason the question, if any, arises for impounding the same, then the same may be decided afresh in accordance with law.  With this observation the Revisional Application shall stand disposed of.