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TMI Blog2023 (7) TMI 1222X X X X Extracts X X X X X X X X Extracts X X X X ..... llized. In the circumstances, it would be expedient to dispose of the appeal by putting terms on the basis of the undertaking furnished by the Plaintiff as to payment of GST - Appellant-Plaintiff shall deposit the amount of GST before the trial Court, on demand being raised by the competent authority and conveyed by the Respondent-Defendant, within two weeks of such communication. - APPEAL FROM ORDER NO.94 OF 2023 WITH INTERIM APPLICATION NO.1313 OF 2023 - - - Dated:- 6-4-2023 - N.J. JAMADAR, J. Mr J.S.Kini with Mr. Aum Kini i/by Ms. Sapna Krishnappa for Appellant. Mr. Karl Tamboly with Mr. Nitin G. Raut, Mrs. G.P.Vas, Ms. Sunita Serrao i/by P. Vas and Co., for Respondent. ORDER This appeal is directed against a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that what the Plaintiff was claiming was temporary mandatory injunction, which can be granted only in exceptional cases, and if the Notice of Motion is allowed, it would amount to decreeing the suit itself. Being aggrieved, the Plaintiff is in appeal. 5. I have heard Mr Kini, learned Counsel for the Plaintiff and Mr. Karl Tamboly, learned Counsel for the Respondent at some length. 6. During the course of the submissions, the Court was informed that the liability to pay GST has yet not crystallized. In that view of the matter, at the suggestion of the Court, the Plaintiff has filed an undertaking to the effect that in the event a demand is made by the competent authority, the Plaintiff would deposit the amount of GST as may be demanded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dant would bring back the said amount. It was further submitted that the amount has to be deposited forthwith as the non-deposit of the tax amount entails interest and penalty. 9. Mr. Kini, learned Counsel for the Appellant/Plaintiff submitted that the Plaintiff has stated in the undertaking that she is ready and willing to abide by the terms as may be deemed fit to be imposed by this Court. 10. The situation which, thus, obtains is that the occupation certificate of the redeveloped building has been obtained. The Plaintiff is kept out of possession of the permanent alternate accommodation to which she is otherwise legitimately entitled to. At the same time, it is alleged, the Defendant has not paid the transit rent. The controversy b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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