The State Of Madhya Pradesh vs Santosh Kumar Jain
2025 Latest Caselaw 8306 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Santosh Kumar Jain on 23 April, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                            1                                FA-322-2014
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                 FA No. 322 of 2014
                                  (THE STATE OF MADHYA PRADESH AND OTHERS Vs SANTOSH KUMAR JAIN )



                           Dated : 23-04-2025
                                 Shri Ajay Ojha - Government Advocate for the appellants/State.
                                 Shri A.K. Jain - Advocate for the respondent.

Heard on I.A. No.7625/2025, an application under Section 151 for clarification of order dated 20.06.2022.

It is submitted that the plaintiff had filed a civil suit for eviction along with mesne profit and recovery of service tax.

It is submitted that the department has already vacated the suit property and handed over the vacant possession of the same to the plaintiff and also paid the rent amount. The only grievance that remains is about amount of service tax and mesne profit.

After hearing the learned counsel for rival parties, it seems that regarding service tax, no mention was made in the agreement of year 2009, but the learned trial court in its judgment and decree dated

12.03.2014 has held that service tax has to be paid till vacation of the premises. Learned counsel for the appellant seek stay of this part.

Learned counsel for the respondent submits that no stay can be granted of money part of decree but he very fairly submitted that he is not entitle on service tax. Meaning thereby service tax goes to corpuses to the government department. He submits that he has paid service tax to

2 FA-322-2014 the government till date i.e. 23.04.2025.

Therefore, let him file the receipt of payment for the same period. List this case in next week.

C.C. today.

(AVANINDRA KUMAR SINGH) JUDGE

NRJ