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TMI Blog2020 (2) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... itional on the appellant paying a sum quantified at ₹ 3,00,000 to the second respondent, by way of costs, withing a period of six weeks from today, the judgment and order of the High Court [ 2018 (8) TMI 577 - BOMBAY HIGH COURT] shall stand set aside and the writ petition shall stand restored to the file of the High Court for disposal on merits. In the event that the appellant fails to pay the costs, as directed, the benefit of this order shall not be available. - Civil Appeal No 1590 of 2020 (Arising out of SLP(C) No 9978 of 2019) - - - Dated:- 14-2-2020 - HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE K.M. JOSEPH For the Petitioner : Mr. Zoheb Hussain, Adv. Mr. Kanu Agrawal, Adv. Ms. Shraddha Deshmukh, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel then adverted to the fact that during the pendency of the proceedings, at the hearing before the Settlement Commission on 9 April 2015, the counsel for the second respondent offered an additional income from a TNEB contract of ₹ 4.32 crores and a disallowance under Section 14A of the Income Tax Act 1961 computed at ₹ 95 lakhs. On the date of the pronouncement of the judgment, a further amount of ₹ 5 crores was offered by a letter of offer. Accordingly, a total amount of ₹ 10.18 crores came to be offered by way of additional income. Relying on the observations contained in paragraphs 35 and 41 of the decision in Ajmera Housing Corporation (supra), it has been urged that the above facts would indicate that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of costs, which would be a condition precedent. The High Court ought not to have dismissed the petition on the ground of delay. The appellant raises issues which are worthy of consideration on merits. We accordingly order and direct that conditional on the appellant paying a sum quantified at ₹ 3,00,000 to the second respondent, by way of costs, withing a period of six weeks from today, the judgment and order of the High Court dated 3 August 2018 shall stand set aside and the writ petition shall stand restored to the file of the High Court for disposal on merits. In the event that the appellant fails to pay the costs, as directed, the benefit of this order shall not be available. 7 The appeal is allowed in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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