Isherdas Sahni And Bros vs. Impresario Entertainment And Hospitality PVT Ltc

CS(COMM)/274/2020HC DelhiGSTCNR DLHC01020507202012 March 2024Bench: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA1 pages
AI SummaryRemanded

Facts

The plaintiff, Isherdas Sahni and Bros, filed an application seeking modification/clarification of a previous judgment dated 12.03.2024. The plaintiff contends that in addition to the agreed amount to be deducted from the defendant's security deposit, they are also entitled to a further sum of Rs. 2,17,403/- towards GST on common area maintenance charges for April 2020. The defendant, Impresario Entertainment and Hospitality Pvt Ltd, was served with a notice returnable on 01.08.2024.

Held

The Court issued notice to the defendant, returnable on 01.08.2024, in response to the plaintiff's application for modification/clarification of the previous judgment. The application seeks to include an additional sum of Rs. 2,17,403/- towards GST on common area maintenance charges for April 2020, in addition to the amount already agreed to be deducted from the defendant's security deposit. The Court has not yet ruled on the merits of the plaintiff's claim for the additional GST amount. The reasoning and ratio decidendi for this specific claim are pending further adjudication after the defendant's response.

Key Issues

1. Whether the plaintiff is entitled to an additional sum of Rs. 2,17,403/- towards GST on common area maintenance charges for April 2020, beyond the amount already agreed to be deducted from the defendant's security deposit? Petitioner's Argument: The plaintiff argues that they are entitled to this additional sum as GST on common area maintenance charges for April 2020. Revenue/State's Argument: The judgment does not record any specific arguments from the revenue or state. The defendant did not appear, and no arguments were recorded on their behalf.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 274/2020 ISHERDAS SAHNI AND BROS .....Plaintiff Through: Mr. Amit Bhagat, Advocate versus IMPRESARIO ENTERTAINMENT AND HOSPITALITY PVT LTC .....Defendant Through: None. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R % 10.07.2024 I.A. 32865/2024 (under Section 151 CPC filed by plaintiff for Modification of order Dt.12.03.2024

1.

Learned counsel appearing on behalf of the plaintiff submits that the application has been filed seeking modifications/clarifications of the judgment dated 12.03.2024 to the limited extent that the plaintiff is also entitled to further sum of Rs. 2,17,403/- towards GST on common area maintenance charges for the month April, 2020, besides the agreed amount to be deducted from the security amount of defendant available with the plaintiff.

2.

Issue notice to the defendant/non-applicant returnable on 01.08.2024. VIKAS MAHAJAN, J JULY 10, 2024 ‘rs’ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 15:52:51

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