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TMI Blog2024 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 9,63,00,000/-in respect of the firm-M/s Kurung Kumey Enterprises for execution of the work. An amount of Rs. 9,63,00,000/-, of which 10% GST amount will be Rs. 33,00,000/- shall be paid by the petitioner to the respondent. If the GST of 2% is reflected by the Department of Municipal Corporation, the amount to be paid by the petitioner will be Rs. 1,54,00,000/- to the respondent. Perusal of the Deed of Undertaking goes to show that the two Cheques have been issued as post-dated for an amount of Rs. 93,00,000/- and Rs. 1,54,00,000/- to the respondent on fulfillment of certain conditions. Having considered the said stipulation, it is afraid that such an stipulation could be a valid stipulation insofar as the issuance of Cheques are concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner to execute the work on behalf of his firm, which was agreed to by the petitioner, thereby, executed an agreement dated 12.08.2019 with certain terms and conditions between them. Thereafter, the petitioner has carried out the said work and was paid running bills by the concerned authorities for the said contract work. 5. It is contended that the bills were issued by the concerned authorities and the petitioner was supposed to deposit the GST (Goods and Services Tax) incurred in respect of the bills raised during the contract work on behalf of the respondent s firm. The GST bills were to be paid from the respondent s GST account. The respondent failed to regularize the GST account of the firm of the petitioner. It is contended that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es that the petitioner shall pay 10% GST on the bill payment of Rs. 9,63,00,000/-(Rupees Nine crore sixty three lakhs) and an amount of Rs. 93,00,000/-(Rupees Ninety three lakhs) shall be paid to the respondent. It also provides that GST of 2% is reflected by the Department and that, the amount to be paid by the petitioner will be Rs. 1,54,00,000/-(Rupees one crore fifty four lakhs) to the respondent. It further stipulates that the said amount shall be paid by the petitioner to the respondent as and when the pending bill is cleared by the concerned authorities. Thereafter, the petitioner issued 2(two) numbers of post-dated Cheques bearing No. 622623 and 622624, amounting to Rs. 93,00,000/-(Rupees Ninety three lakhs) and Rs. 1,54,00,000/-(Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of Deed of Undertaking dated 06.09.2022, no bills were paid nor cleared by the concerned authorities in respect of the contract work carried out by the petitioner after released of Rs. 9,63,00,000/-. Mr. Sunil, learned counsel further submits that as per Clause 3 of the said Deed of Undertaking, an amount of Rs. 1,54,00,000/- was to be paid when GST of 2% is reflected by the concerned authorities. However, since the GST account was shown blocked by the concerned authorities due to arrear dues, and there being no reflection of 2% of GST in respect of the firm, the respondent ought not to have deposited one of the post-dated Cheque bearing No. 622624 dated 01.11.2022 issued by the petitioner with his banker. Since the Cheque was issued w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w. He submits that any dispute that has been sought to be raised is a matter of trail before the competent Court in the proceedings of complaint petition. Therefore, the proceedings and the cognizance taken by the learned Judicial Magistrate First Class does not require any interference and as such, the same is not liable to be quashed. 13. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record. 14. Admittedly, the petitioner has issued two numbers of post-dated Cheques bearing No. 622623 and 622624 for an amount of Rs. 93,00,000/- and Rs. 1,54,00,000/- respectively. The parties have entered into an agreement with certain stipulations/terms and conditions. The terms and co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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