Rajaram Food Products India Limited Vs Joint District Registrar (Bombay High
The Bombay High Court considered a writ petition filed by an auction purchaser challenging an order dated 16.02.2026 passed by the Joint District Registrar directing payment of stamp duty on a sale certificate issued pursuant to the purchase of immovable property in liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The petitioner contended that the sale certificate was not compulsorily registrable and was only required to be entered in Book No.1 under Section 89(4) of the Registration Act, 1908, without payment of stamp duty.
The corporate debtor underwent Corporate Insolvency Resolution Process, which culminated in liquidation by order of the National Company Law Tribunal on 05.01.2024. The liquidator conducted an e-auction on 30.12.2024 in which the petitioner emerged as the successful bidder. After payment of the entire consideration, a sale certificate dated 30.01.2026 was issued in the petitioner’s favour. The liquidator forwarded the sale certificate to the registration authorities under Section 89(4) of the Registration Act, while the petitioner also represented that only filing in Book No.1 was required and that neither registration nor stamp duty was payable.
Respondent No.1 rejected the petitioner’s contention and held that the sale certificate attracted stamp duty under Article 16 of Schedule I of the Maharashtra Stamp Act, 1958. The petitioner’s statutory appeal was dismissed as not maintainable on the ground that the impugned order did not quantify any stamp duty. The petitioner thereafter approached the High Court.
