BALWANT JAIN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) It is submitted by learned counsel for the decree holder that after the issuance of notice by this court, the DDA has made payment of the decretal EX.P. 55/2006 page 1 of 6 payment but has deducted a sum of Rs.1,47,724/- on account of tax deductable at source on the decretal amount. Learned counsel has drawn my attention to a pronouncement of this court reported at 2006(1) Arb.L.R. 281 (Delhi) Unique Enterprises v. Delhi Development Authority which was pronounced on 20th January, 2006 wherein an identical submission was made on behalf of the Delhi Development Authority and the court held thus :-

(2.) This judgment was pronounced on an objection raised by the Delhi Development Authority in circumstances which were identical as to the present case. The only difference was that the amount stood deposited in this court while in the present case, the payment has been effected by the DDA directly to the contractors. In my view, this makes little difference upon result.

(3.) I find that the decision was rendered on 20th January, 2006 and it is obvious that the Delhi Development Authority was in knowledge of the position in law. There is no warrant therefore for deduction of the amount EX.P. 55/2006 page 4 of 6 of Rs.1,47,724/- from the payment which has been made to the decree holder purporting to be towards the decretal amount.