K MADHU Vs. DUGAR FINANCE INDIA LIMITED

JUDGEMENT

(1.) THESE applications are filed by M/s. Shriram chits Tamil nadu (Private) Limited, Chennai, seeking a direction to direct the administrator, Dugar Finance India Limited, in liquidation, to bear the past arrears of property tax and water and sewerage tax and charges payable to the corporation of Madras and Chennai Metro Water Supply for the period from 2/98-99 to 2/03-04 for the 4th floor and 5th floor at No. 149, Greams Road, chennai-6. There is also a prayer for injunction restraining the Corporation of chennai and the Chennai Metropolitan Water Supply and Sewerage Board from claiming past arrears of property tax and water tax and charges for the period prior to the date of the purchase i. e. 10. 12. 2004 and for injunction restraining the above parties from disconnecting the water and sewerage connection and to take any action against 4th and 5th floor at Greams Dugar, no. 149, Greams Road, Chennai 2, pending disposal of the above applications.

(2.) BY order dated 29. 4. 2005, this Court granted injunction on condition that the applicant pays 50% of the amount due as arrears in respect of water and sewerage connection and property tax, except, surcharge and interest.

(3.) THE Administrator, the first respondent herein, has filed his counter. THE first respondent has made a specific reference as regards the conditions stipulated in the tender form that the arrears of municipal tax, property tax, betterment levy, maintenance if any, were to be paid by the purchaser only. THE Administrator representing the company in liquidation, the first respondent, could not be loaded with any liability in this regard. THE Administrator denied the contention that the applicant had to pay only the current due as not tenable. THE Administrator further contends that when once the applicant and bound itself with the tender conditions to clear the arrears, it cannot be wriggle out of its responsibility. THE claim of bona fide belief that since betterment charges and other regular charges were discharged for the 4th to 7th floor and hence, these dues were also discharged was totally false.