Delhi High Court - Orders
Jmc Projects (India) Ltd. And Ors vs Rail Vikas Nigam Limited (Rvnl) on 13 April, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~148
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6058/2022
JMC PROJECTS (INDIA) LTD. AND ORS ..... Petitioners
Through: Mr. Jayant Mehta, Sr. Adv. with Dr.
Sunil Mittal, Mr. Ayush Agrawal, Mr.
Vikrant Singh, Ms. Neha Mittal and
Mr. Sushant Tomar, Advs.
versus
RAIL VIKAS NIGAM LIMITED (RVNL) ..... Respondent
Through: Mr. Udit Seth and Ms. Priya Kanwat,
Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 13.04.2022 CM APPL. 18168/2022 (Exemption) Allowed, subject to all just exceptions. The application shall stand disposed of. CM APPL. 18167/2022 (Stay) Issue notice. Since the respondent is duly represented, let a counter affidavit be filed on this petition within a period of four weeks.
The petitioner essentially assails the action of the respondent who have chosen and continued to deduct cess against all bills which have been submitted in connection with the execution of the contract in question. The challenge essentially is to the deduction of cess from payments which according to the petitioner relate only to mere erection, installation or Signature Not Verified Digitally Signed By:NEHA Signing Date:19.04.2022 11:49:50 supply. It is in the aforesaid backdrop that learned senior counsel for the petitioner seeks to draw sustenance from the principles enunciated by the Supreme Court in U.P. Power Transmission Corpn. Ltd. Vs. CG Power & Industrial Solutions Ltd. [(2021) 6 SCC 15].
Matter requires consideration.
List again on 13.07.2022.
YASHWANT VARMA, J APRIL 13, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:19.04.2022 11:49:50