LAWS(BOM)-2023-6-389

AIRCON BEIBARS FZE Vs. HELIGO CHARTERS PVT. LTD.

Decided On June 05, 2023
Aircon Beibars Fze Appellant
V/S
Heligo Charters Pvt. Ltd. Respondents

JUDGEMENT

(1.) Dr Abhinav Chandrachud, learned Counsel appearing for the Petitioner has referred to the order dtd. 23/2/2023 passed by this Court by which the Petitioner was directed to disburse balance amount of Rs.37,39,58,923.00 with accrued interest, if any, in favour of the Petitioner forthwith. This court had also noted the submission of the Counsel for the Income Tax Authorities that, though they are not parties to the present proceedings, there was dispute raised as to the liability towards TDS amount and which is to the extent of Rs.12,53,30,072.00. This Court had accordingly deducted the said amount and as aforementioned directed disbursal of the balance amount of Rs.37,39,58,923.00 to the Petitioner. The Affidavit in Reply of the Income Tax Department was directed to be filed within a period of one week from the date of the said Order.

(2.) This Court by the said order dtd. 23/2/2023 had also allowed the application of the Respondent in terms of the prayer Clauses (a) and (b).

(3.) Dr. Abhinav Chandrachud has submitted that there are certain details required by the Prothonotary and Senior Master which include the particulars of UAE Bank Account Number, current exchange rate in view of the amount of Rs.37,39,58,923.00 to be disbursed by the Prothonotary and Senior Master to the Petitioner whose bank account is in the UAE. Further, the Petitioner was to make payment of forex charges.