The Divisional Controller vs Sunita Suresh Modi And Others
2021 Latest Caselaw 15058 Bom

                                                                            944.WP.11605.21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                            WRIT PETITION NO.11605 OF 2021

                             THE DIVISIONAL CONTROLLER,
                                        VERSUS
                           SUNITA SURESH MODI AND OTHERS

                                           ...
                     Advocate for Petitioner : Mr. Anand D. Wange
                                           ...

                                    CORAM      :    MANGESH S. PATIL, J.

                                    DATE       :    14.10.2021
PER COURT :
                 Heard.

2. The petitioner is a judgment debtor in a motor accident claim. He is aggrieved by the order passed on its Application seeking to recall the recovery warrant. It is the case of the petitioner that out of the total compensation of Rs.7,33,848/- it has paid an amount of Rs.6,92,831/- and the remaining amount has been deducted as a TDS pursuant to the provisions of the Income Tax Act and the communication received from the Income Tax Department dated 17.09.2021.

3. Issue notice to the respondents, returnable on 09.12.2021. Till then the further proceeding in the Execution shall stand stayed. The petitioner shall serve the respondents privately and shall file affidavit of service along with acknowledgment.

4. Hamdast is allowed.

5. Parties to act on the authenticated copy.

(MANGESH S. PATIL, J.) habeeb