Developers Ordered to Provide Alternate Housing and Resolve GST Dispute Through Expedited Trial by March 31, 2024 HC resolved a redevelopment dispute by directing defendant to hand over alternate accommodation within two weeks and allow plaintiff to deposit disputed ...
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Developers Ordered to Provide Alternate Housing and Resolve GST Dispute Through Expedited Trial by March 31, 2024
HC resolved a redevelopment dispute by directing defendant to hand over alternate accommodation within two weeks and allow plaintiff to deposit disputed GST amount with tax authorities. The court ordered an expedited trial by March 31, 2024, balancing the interests of both parties while ensuring procedural compliance and temporary relief.
Issues involved: Dispute over payment of GST and other charges for a redevelopment project, refusal to hand over possession of permanent alternate accommodation, rejection of Notice of Motion seeking temporary injunction.
Summary:
Dispute over Payment of GST and Other Charges: The Plaintiff, a tenant in a building taken up for redevelopment, faced a demand from the Defendant for payment of GST and other charges post Occupation Certificate issuance. The Plaintiff sought a temporary injunction to pay GST and obtain possession of the alternate accommodation. The lower court rejected the motion, deeming it as a temporary mandatory injunction. The High Court noted that the liability to pay GST was not finalized and directed the Plaintiff to deposit the GST amount upon demand by the competent authority. The Defendant was allowed to withdraw and deposit the amount with tax authorities, with the condition to return it if the Plaintiff succeeds in the suit.
Refusal to Hand Over Possession: The Plaintiff alleged that the Defendant stopped transit rent payment and refused to hand over possession of the agreed alternate accommodation. The High Court ordered the Defendant to hand over possession within two weeks and expedite the suit's hearing for a decision by March 31, 2024.
Rejection of Notice of Motion: The lower court rejected the Notice of Motion, citing it as a temporary mandatory injunction that could lead to decreeing the suit. The High Court disposed of the appeal by setting terms based on the Plaintiff's undertaking to pay GST, directing deposit of GST, possession handover, and expedited trial hearing.
This judgment resolves the issues surrounding the payment of GST and other charges, possession handover, and rejection of the Notice of Motion, providing directions for further proceedings in the case.
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