MAHANAGAR TELEPHONE NIGAM LIMITED Vs. CIMMCO LIMITED

JUDGEMENT

(1.) CM 18771/2014 (exemption)

(2.) The instant appeal has been filed by the appellant primarily challenging the direction by the learned Single Judge vide order dated 10th October, 2014 rejecting the appellant's claim that an amount of Rs.1,52,682/- had been deposited by it with the authorities towards tax deductible at source (TDS) by the appellant towards dues of the respondent.

(3.) It appears that by an order dated 8th April, 1996, the dispute inter se between the parties recorded a contract dated 5th June, 1990 was referred to arbitration which proceedings culminated in an arbitration award dated 31st December, 1998 in favour of the respondent contractor. The appellant MTNL assailed the same by way of petition under Sections 15, 16, 30 and 33 of the Indian Arbitration Act, 1940 which was registered as IA No.8149/1999 in CS(OS) No.143A/1999 which came to be rejected by learned Single Judge by an order dated 22nd July, 2010 reducing the amount payable under the award by Rs.3,82,747/-. This order was assailed by way of FAO(OS) No. 700/2010 which was also rejected by a judgment dated 29th September, 2011.