Delhi High Court - Orders
M/S. Sunrise Property Developers Pvt. ... vs M/S. Skipper Properties Pvt. Ltd. & Anr on 11 July, 2024
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 72/2021
M/S. SUNRISE PROPERTY DEVELOPERS PVT. LTD.
.....Decree Holder
Through: Mr. Anand Shankar Jha, Ms.
Meenakshi S. Devgan and Mr. Parvez
Rahman, Advocates
versus
M/S. SKIPPER PROPERTIES PVT. LTD. & ANR.
.....Judgement Debtor
Through: Mr. Suraj Prakash and Ms. Pooja,
Advocates
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 11.07.2024
1. The learned counsel appearing on behalf of the parties submit that vide order dated 28.02.2024, the remaining amount to be paid by the judgment debtor towards satisfaction of decree is Rs. 6 lakhs.
2. The learned counsel appearing on behalf of the Judgment Debtor submits that out of the said amount of Rs. 6 lakhs, an amount of Rs. 2.5 lakhs need to be deducted as TDS on total interest amount of Rs. 25 lakhs that had accrued on the principal amount and was paid as well.
3. On the contrary, learned counsel appearing on behalf of the Decree Holder submits that in case an amount payable is pursuant to a court decree, then the TDS cannot be deducted. In buttress the contention, the learned counsel places reliance on the following decisions:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2024 at 00:27:08
i) All India Reporter Ltd. Vs. Ramchandra D. Datar, 1960 SCC Online SC 34
ii) Sainath Rajkumar Sarode & Ors. Vs. State of Maharashtra & Ors., 2021 SCC Online Bom 2198
iii) Madhusudan Shrikrishna Vs. M/s Emkay Exports & Ors., 2010 SCC Online Bom 80
4. Without prejudice an undisputed amount of Rs. 3.5 lakhs has been paid today by the Judgment Debtor in the court by way of a Demand Draft bearing No. 985700 dated 28.06.2022 in favour of Rs. Sunrise Properties Developers Pvt. Ltd. issued by the Kotak Mahindra Bank. The same has, also been accepted by the learned counsel appearing for the Decree Holder without prejudice to his rights and contentions.
5. List on 01.08.2024 for considering the issue whether the Judgment Debtor is entitled to deduct TDS from the interest amount as contended.
VIKAS MAHAJAN, J JULY 11, 2024 'rs' This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2024 at 00:27:08