Smt. Sukrita Bajaj vs Sh. Sundeep@Sandeep Sehgal on 20 December, 2022

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Delhi High Court - Orders

Smt. Sukrita Bajaj vs Sh. Sundeep@Sandeep Sehgal on 20 December, 2022

Bench: Prateek Jalan

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      EX.P. 57/2018 & EX.APPLs.(OS) 944/2020, 501/2021, 954/2021,
                                 252/2022, 3731/2022.

                                 SMT. SUKRITA BAJAJ                                    ..... Decree Holder
                                               Through:               Ms. Sonali Malhotra, Advocate
                                                                      with Mr. Ajay Bajaj, husband of
                                                                      the decree holder No. 1.

                                                                versus

                                 SH. SUNDEEP@SANDEEP SEHGAL        ..... Judgement Debtor
                                              Through: Mr. Ashish Aggarwal, Mr. Anand
                                                       Aggarwal, Ms. Aastha Kaushal,
                                                       Advocates for auction purchaser.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                       ORDER

% 20.12.2022

1. By order dated 30.11.2022, it was recorded as follows:

"1. The sale of the property of judgment debtor, being undivided 50% share in the basement, ground floor and third floor alongwith terrace of property bearing No. S-87, Greater Kailash, Part-11, New Delhi, has been completed. The highest bidder is M/s Today Realty Pvt. Ltd., which has deposited the entirety of the bid amount of ₹4,75,00,000/-. The deposit was made within time.

2. The auction purchaser has filed an application [EX. APPL. (OS) 3731/2022] seeking a clarification as to whether the purchase amount is to be deposited after deduction of TDS @1%.

3. List before the learned Registrar (Original Side) on 07.12.2022, for clarification as to whether the sale price is to be deposited after deduction of TDS. If so, learned Registrar (Original Side) may pass the necessary consequential directions in this regard."

Signature Not Verified Digitally Signed By:SHITU NAGPAL EX.P. 57/2018 Page 1 of 3 Signing Date:21.12.2022 13:14:40

2. Learned Registrar (Original Side) has since passed an order dated 15.12.2022 wherein he has referred to the orders of this Court dated 06.05.2022 and 27.05.2022 in EX.P. 44/2018 which arose in similar circumstances.

3. It appears from the order dated 06.05.2022 that in EX.P. 44/2018 that a property of the judgment debtor No. 1 had been put on auction and the highest bidder was decree holder himself. In these circumstances, a question arose as to whether Tax Deducted Source ["TDS"] was to be deducted on the amount to be deposited by the decree holder/auction purchaser. By the order dated 27.05.2022, the Court directed as follows: -

"8. As regards amount of Tax Deducted at Source (TDS), counsel for the decree holder states that he will directly deposit the amount of TDS with the Income Tax Authorities. Upon the decree holder producing the challans/proof of payment of amount to the Income Tax Authorities, he will be entitled to claim refund of the said amount from the amount deposited before this Court."

4. Having regard to these orders, it is agreed by Mr. Ashish Aggarwal, learned counsel for the auction purchaser in the present case, and Ms. Sonali Malhotra, learned counsel for the decree holder, that the auction purchaser will withdraw the amount of ₹4,75,000/- (which has been separately deposited in this Court) from the Registry and deposit the same with the Income Tax authorities to the credit of the decree holder.

5. As the decretal dues are in excess of the entire sale proceeds, it appears to me that this course of action will obviate any complication in the facts and circumstances of the case. It is, therefore, directed that the auction purchaser may withdraw the amount of ₹4,75,000/- from the Registry of the Court, deposit the same with the Income Tax authorities by way of TDS on the amount paid for the purchase of the auction Signature Not Verified Digitally Signed By:SHITU NAGPAL EX.P. 57/2018 Page 2 of 3 Signing Date:21.12.2022 13:14:40 property, and issue a TDS certificate in favour of the decree holder in respect of the said amount. The challan with regard to the deposit of the aforesaid amount and the TDS certificate in favour of the decree holder will be brought to Court by Mr. Aggarwal on the next date of hearing.

6. The question of confirmation of sale and further directions in favour of the auction purchaser will be considered after compliance with these directions.

7. List on 13.01.2023.

PRATEEK JALAN, J DECEMBER 20, 2022 'Bhupi'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL EX.P. 57/2018 Page 3 of 3 Signing Date:21.12.2022 13:14:40

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Delhi High Court - Orders