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Issues: Interpretation of Inter Corporate Deposit Agreement as a bond under the Bombay Stamp Act.
Analysis: 1. Inter Corporate Deposit Agreement: The judgment revolves around an Inter Corporate Deposit Agreement dated 27th February 1998 between the plaintiff and the defendant. The agreement involved a financial assistance of Rs. 4,00,000 to the defendant, with clauses specifying repayment terms and interest rates. The document was signed by both parties and attested by witnesses. 2. Classification as a Bond: The court analyzed whether the Inter Corporate Deposit Agreement falls under the definition of a bond as per the Bombay Stamp Act. Referring to Section 2(c) of the Act, the court highlighted that a bond includes instruments where a person obliges to pay money to another. The court emphasized that the agreement, being attested by a witness and creating an obligation to repay a principal sum with interest, qualifies as a bond under the Act. 3. Legal Precedent: The judgment referenced a previous case to distinguish between documents creating obligations and those acknowledging liabilities. It was established that if a document creates an obligation with an express promise for payment, it is classified as a bond. In this context, the court examined whether the Inter Corporate Deposit Agreement created an obligation or merely acknowledged a pre-existing liability. 4. Obligation to Pay: The plaintiff argued that the obligation to pay arose from a separate receipt executed by the defendant, not the Inter Corporate Deposit Agreement. However, the court disagreed, noting that both documents were contemporaneous and executed simultaneously. It observed that while the receipt acknowledged the loan, the obligation to repay with interest was clearly outlined in the Inter Corporate Deposit Agreement itself. 5. Conclusion: Ultimately, the court rejected the contention that the agreement was merely an acknowledgment of a pre-existing liability. It concluded that the Inter Corporate Deposit Agreement constituted a bond as defined by the Bombay Stamp Act. The duty of impounding the instrument was delegated, and the judgment was adjourned for further proceedings.
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