Sanjeev Gupta & Ors vs Andhra Bank
2011 Latest Caselaw 4640 Del

4
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    RFA 565/2010

%                     Date of decision: 20th September, 2011

      SANJEEV GUPTA & ORS                 ..... Appellants
                    Through : Mr. Rakesh Kansal, Adv.

                  versus

      ANDHRA BANK                            ..... Respondent
                       Through : Mr. N.P. Gaur, Adv.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may           NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?          NO

3.      Whether the judgment should be                  NO
        reported in the Digest?

                      JUDGMENT (ORAL)

1. The appellants have challenged the judgment dated 22 nd

April, 2010 whereby the suit for recovery was dismissed by the

learned Trial Court with cost of `50,000/-.

2. The appellants are the landlord and the respondent is the

tenant in respect of the properties bearing No.M-35, M-84 and

M-86, Connaught Circus, New Delhi. The appellants have paid

the Service Tax and are claiming the same from the

respondent on the ground that under para 7, the respondent is

liable to pay the property tax.

3. The contention of learned counsel for the appellants is

that the property tax mentioned in para 7 be interpreted to

include the Service Tax.

4. The contention of learned counsel for the appellant is

misconceived in as much as the property tax cannot be

interpreted to include the Service Tax. In that view of the

matter, the appellant has no right to recover the Service Tax

from the respondent.

5. The learned Trial Court has imposed cost of `50,000/- on

the appellants out of which the appellants have deposited cost

of `5,000/- with Delhi Legal Services Authority.

6. In the facts and circumstances of this case, the appeal is

dismissed. However, in the peculiar facts and circumstances

of this case, the cost of `50,000/- imposed by the learned Trial

Court is reduced to `5,000/-.

7. All pending applications are disposed of.

J.R. MIDHA, J SEPTEMBER 20, 2011 mk