Disposed

Larsen and Toubro Limited v. Banmali Tandan

Bombay HC7 Jul 2023SA/330/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay disposed of a second appeal and an interim application. The High Court allowed the respondent to withdraw a complaint due to an out-of-court settlement, quashed relevant orders, and granted liberty to the appellant for refund pursuit and withdrawal of deposited amounts.

What did the court decide?

Competition allowed to be withdrawn; impugned orders quashed; liberty granted to withdraw deposited amount and pursue Service Tax refund.

Larsen and Toubro Limited Vs Banmali Tandan — Bombay HC (2023) — LawSathi Research

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901-SA-330-2023.doc

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Arjun

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO.330 OF 2023 WITH INTERIM APPLICATION NO.4296 OF 2023 IN SECOND APPEAL NO.330 OF 2023

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Larsen & Toubro Limited …Appellant/ Applicant

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V/s.

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Banmali Tandan …Respondent

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Mr. Kunal Mehta a/w Nidhi Singh i/b IndiaLaw LLP, for the Appellant/Applicant.

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Dr. Banmali Tandan, Respondent in person present.

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CORAM : MADHAV J. JAMDAR, J. DATED : JULY 07, 2023

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P.C.:

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1. Heard Mr. Kunal Mehta, learned counsel appearing for

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the Appellant and Dr. Banmali Tandan, Respondent in person.

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2. Mr. Mehta, learned counsel appearing for the Appellant and Mr. Tandon, Respondent in person state that the dispute between the Appellant and the Respondent has been settled out of the Court.

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901-SA-330-2023.doc

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3. In view of the above development, Mr. Tandon, Respondent appearing in person states that the dispute between the parties has been settled out of the Court and, therefore, he is withdrawing the Complaint. Mr. Tandon who appears in person tenders writing dated 7^th July, 2023 recording withdrawal of the Complaint. The said Writing is taken on record and marked “X” for identifcation.

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4. Accordingly, the Complaint No.CC006000000057215 is allowed to be withdrawn.

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5. In view of withdrawal of the Complaint, the order dated 30^th April, 2019 passed by the learned Member & Adjudicating Offcer, MahaRERA, Mumbai passed in Complaint No.CC006000000057215 as well as the order dated 10^th April, 2023 passed by the learned Maharashtra Real Estate Appellate Tribunal, Mumbai in Appeal No.AT006000000031569 of 2019 are quashed and set aside and the said Complaint is dismissed as withdrawn.

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6. The Appellants have deposited the amount as directed by the order of the learned RERA Authority before the RERA Appellate Tribunal. The Appellants are at liberty to withdraw the said amount with accrued interest, if any.

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901-SA-330-2023.doc

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7. The Appellants are also granted liberty to pursue their remedies before the Service Tax Authority for refund of the amount in question.

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8. Accordingly, the Second Appeal is disposed of in above terms with no order as to costs.

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9. As the Second Appeal is disposed of, nothing survives in

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the Interim Application and the same is also disposed of.

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[MADHAV J. JAMDAR, J.]

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Larsen and Toubro Limited v. Banmali Tandan

Case brief

What is this about?

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Larsen and Toubro Limited v. Banmali Tandan

Case brief

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Larsen and Toubro Limited Vs Banmali Tandan