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Supreme Court - Daily Orders

Commissioner Of Income Tax, ... vs M/S Itc Ltd. on 4 April, 2016

Bench: Dipak Misra, Shiva Kirti Singh

      ITEM NO.39                             COURT NO.4                    SECTION XVII

                                  S U P R E M E C O U R T O F       I N D I A
                                          RECORD OF PROCEEDINGS

      Civil Appeal Diary No(s).                6374/2016

      THE ORIENTAL INSURANCE CO. LTD AND ORS.                               Appellant(s)

                                                     VERSUS

      ELEL HOTELS AND INVESTMENTS LTD                                       Respondent(s)


      (with appln. (s) for condonation of delay in filing appeal and
      office report)


      Date : 04/04/2016 This appeal was called on for hearing today.


      CORAM :               HON'BLE MR. JUSTICE DIPAK MISRA
                            HON'BLE MR. JUSTICE SHIVA KIRTI SINGH


      For Appellant(s)                  Mr. Joy Basu, Sr. Adv.
                                        Mr. Ajay Singh, Adv.
                                        Mr. Vivek Narayan Sharma, AOR


      For Respondent(s)                 Mr. Sunil Fernandes, Adv.
                                        Ms. Astha Sharma, Adv.
                                        Mr. Puneeth K.G., Adv.


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Heard Mr. Joy Basu, learned senior counsel along with Mr. Vivek Narayan Sharma, learned counsel for the petitioner. Learned senior counsel submitted that the principal amount has already been paid to the complainant but as far as the interest is concerned, the same is not payable.

Signature Not Verified Digitally signed by GULSHAN KUMAR

Having heard learned counsel for the petitioner at length, we ARORA Date: 2016.04.08 are inclined to issue notice subject to deposit of Rs.2,00,00,000/- 10:43:44 IST Reason:

(Rupees two crores only) by the petitioner before the National Consumer Disputes Redressal Commission towards interest. The 2 realisation of remaining amount of interest exponent shall remain stayed. The respondent-complainant would be at liberty to withdraw the said amount.
Registry is directed to fix a returnable date within 12 weeks.
    (Gulshan Kumar Arora)                         (H.S. Parasher)
        Court Master                               Court Master