Of India And Anr. ....Plffs v. M/S. Estrella Batteries Ltd
High Court
21 Oct 2005 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
Of India And Anr. ....Plffs v. M/S. Estrella Batteries Ltd
Date of order
21 Oct 2005
Assessment year(s)
—
Outcome
Other
The order — as passed by the High Court
Case summary
In Of India And Anr. ....Plffs v. M/S. Estrella Batteries Ltd, the High Court (2005) decided the matter.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
O.O.C.J.
NOTICE OF MOTION NO. 1702 OF 2003
NOTICE OF MOTION NO. 1702 OF 2003
IN
IN
IN
MISC. PETITION NO. 553 OF 1986
MISC. PETITION NO. 553 OF 1986
MISC. PETITION NO. 553 OF 1986
Industrial finance Corporation
of India and anr. ....Plffs.
vs.
M/s. Estrella Batteries ltd
and anr. ...Resps.
AND
The Income-Tax Officer
Ward (TDS) 3(3) ...Appl
AND
The Court Receiver,
High Court, Bombay ...Resp.
S.R. Rajguru for the petitioner.
N.M. Ganguly and K.H. Mody i.b, Little and Co.
for Applicant MSEB-for workers.
Bharat Acharya and Ajay Mayekar
for Court Receiver present.
CORAM: S.U. KAMDAR, J.
DATE : 21st October, 2005.
P.C. :.
1. By the present notice of motion the applicant
who is the Income Tax department has sought a
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direction that the Court Receiver to admit and
pay the claim of the Income Tax department to the
extent of Rs.11,09,995/- alongwith interest
thereon. However my attention has been drawn by
the learned counsel for the MSEB to the two orders
dated 6.10.2003 passed in Appeal No. 22 of 2003 in
the Notice of Motion No. 1650 of 1995 and Misc.
Petition No. 583 of 1986 wherein the division
bench has already directed the court Receiver to
pay over the amount which is lying with him to
MSEB.
2. The said order has been subsequently corrected
by an order dated 25.2.2004 and even interest is
also directed to be paid to the MSEB. Once this
order is complied with there will be no amount
available with the Receiver from which payment can
be made to the Income Tax Department.
3. In that view of the matter it is not possible
to grant interim order. However it will open for
the applicant Union of India to make necessary
application in the said appeal if they desire that
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it should be paid any amount from the amount which
is lying deposited with the Court Receiver. If no
such application is made or order obtained within a
period of 8 weeks from today then the Receiver to
comply with the order dated 6.10.2003 as
subsequently modified by the division bench by an
order dated 25.2.2004. If such application is made
by the applicant then they shall give notice to
MSEB of such an application. Motion disposed off
accordingly. No order as to costs.
********
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