Bombay High Court
Oriental Insurance Co. Ltd. ... vs Smt. Vidya Dinesh Gavankar And 5 ... on 19 April, 2021
Bench: S. M. Modak
caf.755.21 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Civil Application [CAF] No.755 of 2021
in
First Appeal No.50 of 2011 (D)
Oriental Insurance Company Limited
vs.
Smt. Vidhya Dinesh Gavankar & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri Haris Khan, Adv. h/f Shri A.M. Quazi, Adv. for the
Applicant-Appellant.
Shri K.S. Malokar, Advocate for Respondent Nos.1, 2, 3 & 5.
CORAM : S.M. MODAK, J.
DATE : 19th APRIL, 2021
Hearing was conducted through Video
Conferencing and the learned Counsel agreed that the
audio and visual quality was proper.
Heard both the sides.
The issue of liability to deduct TDS from the
compensation amount is involved. The appellant-
Insurance Company has deducted Rs.46,001/- towards
TDS and they want to deposit a cheque of
Rs.4,12,731/-. As regards issue about liability to pay
the tax is kept pending, the appellant is permitted to
deposit the cheque amount within seven days. The
appellant is further directed to file an affidavit on the
following aspects.
(a) How much amount they have deducted
towards TDS and how much they have
deposited with the Government.
caf.755.21 2/2
(b) As per the Income Tax Act, what is a slab
for deducting of income tax at source.
The appellant to serve the copy of affidavit
to the respondents through their Counsel by email
within two weeks.
Stand over after two weeks.
Civil Application [CAO] No.588/2011 :
Heard both the sides. My attention is
brought to that application. An amount of
Rs.2,12,327/- is sought to be withdrawn. It is told that
the order could not be passed as the issue is pending
before the Hon'ble Supreme Court. So also, there is a
prayer to return the amount of Rs.4,12,731/-, which is
permitted to be deposited today.
The judgment passed by the Claims
Tribunal, dated 07/08/2010 merges with the judgment
passed by this Court on 19/01/2021. The directions
given in Paragraph 13 prevail. Hence the order:
● The Nazar is directed to transfer an amount
of Rs.2,12,327/- along with accrued interest
thereon in the bank account of respondent
Nos.1, 2, 3 & 5, on furnishing bank details.
● So also, the Nazar is directed to transfer the
amount of Rs.4,12,731/-, once the cheque is
encashed in the bank account of respondent
Nos.1, 2, 3 & 5 in the same proportion as
mentioned in Paragraph 13 of the judgment
of this Court.
● The application stands disposed of.
JUDGE
*sandesh
