In Brief
A tea company sought specific performance of an agreement to sell a tea estate dated 15 January 1990. The High Court initially refused interim injunction but, during the appeal, the parties settled by a consent decree (2 August 1991) increasing the consideration amount. The company paid full stamp duty on the subsequent deed of conveyance. The Supreme Court later set aside the decree because another related suit should have been tried simultaneously. The respondent then sought impoundment of the original unstamped agreement under the Indian Stamps Act. The Supreme Court held that the respondent, having consented to the original proceedings and decree, could not later object to the unstamped agreement. The company's entitlement to refund of stamp duty paid was indisputable. The Court allowed the appeal and quashed the Division Bench's order directing impoundment.
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