The Managing Director vs. Ubaidulla
Held
The High Court did not set aside its earlier judgment but modified the direction, instructing the review petitioner to pay only the admitted amount of Rs. 4,05,233/- (original refund minus the GST liability). This order was to be read in conjunction with the previous judgment.
Facts
The respondent had secured a High Court order for a refund of Rs. 4,16,000/- paid as security deposit and EMD for a recalled tender. The review petitioner (KSRTC) subsequently filed a review petition, having discovered that the respondent owed Rs. 10,777/- towards GST for a licence, and sought to deduct this amount from the refund.
Key Issues
The primary legal issue was whether a newly discovered GST liability could be deducted from a court-ordered refund amount, thereby requiring a modification of the original judgment.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Dated this the 28th day of March, 2025 The review petition is filed to set aside the judgment dated 21.02.2025. 2. The respondent had filed the writ petition to direct the review petitioner to refund Rs.4,16,000/-, which was paid towards security deposit and EMD for a recalled tender. By the judgment dated 21.02.2025, this court allowed the writ
The judgment continues below.
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