Pushpak Commercial Company Limited vs. Tanagers Developer PVT LTD.
Facts
This matter concerns a dispute between Pushpak Commercial Company Limited (plaintiff/petitioner) and Tanagers Developer Private Limited (defendant/respondent). The defendant has submitted a demand draft of Rs. 21,44,292/- to the Court. This amount was calculated by deducting Tax Deducted at Source (TDS) at 10% from Rs. 20,00,000/-, adding Rs. 3,60,000/- for 18% Goods and Service Tax (GST), and then subtracting Rs. 15,708/-. The parties, through their respective advocates, have agreed to these particulars and formalized them in a terms of settlement dated 11th August, 2023. The demand draft has been handed over to the plaintiff's advocate for encashment and appropriation.
Held
The Court held that the terms of settlement dated 11th August, 2023, are a lawful agreement between the parties. The Court took these terms on record and decreed the suit in accordance with them. The calculation of the demand draft, which included the GST component, was agreed upon by the parties. The Court directed that the suit be decreed expeditiously by making the terms of settlement a part of the decree. Consequently, the suit was disposed of, and any pending applications were also disposed of without further orders, as the suit had been settled. The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the terms of settlement dated 11th August, 2023, which includes the calculation of the amount payable by the defendant to the plaintiff, are lawful and binding on the parties, particularly in relation to the Goods and Service Tax (GST) component. Petitioner/Plaintiff's Contention: The plaintiff relies on the terms of settlement dated 11th August, 2023, which has been signed by both parties and their respective advocates. This agreement, which details the calculation involving GST, is presented as a lawful resolution to the dispute. Respondent/Defendant's Contention: The defendant has complied with the Court's order dated 27th June, 2023, by furnishing a demand draft reflecting the agreed-upon calculation, which includes the GST amount. The defendant implicitly argues for the acceptance of this settlement as a resolution.
AI-generated summary — verify with the full judgment below
OD-1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURI ICTION ORIGINAL SIDE CS 74 OF 2022 WITH IA NO.GA 1 OF 2022 IA NO. GA 3 OF 2022 IN THE MATTER OF: BEFORE: The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 16th August, 2023. Appearance: Mr. Tapan Coomaar Dey, Adv. Mr. Syed Bakhtiyar Adil Rahman, Adv. Mr. Syed Rahil Faraz, Adv. for plaintiff /petitioner Mr. Suddhasatva Banerjee, Adv. Ms. Radhika Singh, Adv. Mr. Shashwat Nayak, Adv. For defendant/respondent The Court : The defendant has in terms of the order dated 27th June, 2023, carried to Court a demand draft of Rs. 21, 44,292/. This figure is arrived at by deducting Tax Deducted at Source (TDS) at the rate of 10% from Rs. 20,00,000/- and adding Rs. 3,60,000/- towards 18% Goods and Service Tax (GST) and then deducting therefrom a sum of Rs.15,708/-. The particulars of this calculation have been agreed by and between the parties and is reflected in the terms of settlement dated 11th August, 2023 signed by the parties and their respective advocates.
2 The demand draft is made over to the learned advocate for the plaintiff. The plaintiff shall be ent
The judgment continues below.
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