SWAYAM REALTORS AND TRADERS LLP vs STATE OF MAHARASHTRA THROUGH ITS GOVERNMENT PLEADER, — WP/3274/2025

Case under Bombay Stamps Act, 1958 Section 226. Disposed: Contested--DISPOSED OFF on 06th May 2026.

CNR: HCBM020022332025

CASE DISPOSED

Filing Number

WP/2233/2025

Filing Date

21-01-2025

Registration No

WP/3274/2025

Registration Date

21-08-2025

Judge

HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE , HON'BLE SHRI JUSTICE HITEN SHAMRAO VENEGAVKAR

Coram

HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE , HON'BLE SHRI JUSTICE HITEN SHAMRAO VENEGAVKAR

Bench Type

Division

Category

ORDINARY CIVIL ( 30 )

Sub-Category

OTHERS ( 99 )

Judicial Branch

Original

Decision Date

06th May 2026

Nature of Disposal

Contested--DISPOSED OFF

Acts & Sections

Bombay Stamps Act, 1958 Section 226

Petitioner(s)

SWAYAM REALTORS AND TRADERS LLP

Adv. LITTLE AND COMPANY

Respondent(s)

STATE OF MAHARASHTRA THROUGH ITS GOVERNMENT PLEADER,

Adv. ,GP OS 1123

INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS

Adv. GP OS

DEPUTY INSPECTOR GENERAL OF REGISTRATION AND CONTROLLER OF STAMPS, MAHARASHTRA STATE

Adv. GP OS

JOINT SUB-REGISTRAR, MUMBAI CITY-I

Adv. GP OS

JT. SUB-REGISTRAR, BORIVALI-II

Adv. GP OS

SETTLEMENT COMMISSIONER AND DIRECTOR OF LAND RECORDS THROUGH CITY SURVEY OFFICER

Adv. GP OS

CITY SURVEY OFFICER, BORIVALI

Adv. GP OS

TALATHI BORIVALI

Adv. GP OS

KHATAU MAKANJI SPINNING AND WEAVING MILLS LIMITED

Hearing History

Judge: HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE , HON'BLE SHRI JUSTICE HITEN SHAMRAO VENEGAVKAR

21-02-2025

FRESH ADMISSION

21-03-2025

DUE ADMISSION - 1

31-01-2025

FRESH ADMISSION

24-04-2025

DUE ADMISSION - 1

02-05-2025

DUE ADMISSION - 1

Orders

06-05-2026
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE,HON'BLE SHRI JUSTICE HITEN SHAMRAO VENEGAVKAR

Summary of WP/3274/2025 - Swayam Realtors & Traders LLP vs. State of Maharashtra Decision: The Bombay High Court allowed the writ petition, directing registration authorities to accept and register BIFR orders transferring industrial company properties to the petitioner, holding that statutory limitation periods must be computed from when documents become legally capable of registration (after stamp duty adjudication completion), not from original execution dates. Key Reasoning: The court rejected the state's limitation defense under Registration Act Sections 23-25, finding the 17-year delay was state-induced through non-compliance with binding BIFR directions rather than petitioner negligence, and that documents under stamp adjudication cannot legally be registered, so limitation cannot run during such proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary of WP/3274/2025 - Swayam Realtors & Traders LLP vs. State of Maharashtra Decision: The Bombay High Court allowed the writ petition, directing registration authorities to accept and register BIFR orders transferring industrial company properties to the petitioner, holding that statutory limitation periods must be computed from when documents become legally capable of registration (after stamp duty adjudication completion), not from original execution dates. Key Reasoning: The court rejected the state's limitation defense under Registration Act Sections 23-25, finding the 17-year delay was state-induced through non-compliance with binding BIFR directions rather than petitioner negligence, and that documents under stamp adjudication cannot legally be registered, so limitation cannot run during such proceedings. This case analysis is maintained by casestatus.in based on publicly available court records.

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