Court No. - 9
Case :- CIVIL REVISION No. - 23 of 2019 Revisionist :- Uttar Pradesh Avas Evam Vikas Parishad Opposite Party :- Hargyan (Since Deceased) And 3 Others Counsel for Revisionist :- Sunil Kumar Misra
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the revisionist.
On the previous occasion, the matter had been adjourned for today on the request of counsel for the revisionist.
The revision arises out of a execution case no.2 of 2001, instituted for execution of an award in a land acquisition reference.
One of the issues raised by the revisionist- judgement debtor before the executing Court was regarding adjustment of the certain amount which was deposited by it as Tax Deducted at Source (T.D.S.) and this amount was sought to be adjusted from the decretal amount.
This prayer was rejected by the executing court on the ground despite time having been granted, the T.D.S. certificate of the alleged deposit was never produced and in absence any proof that some amount was actually deposited as T.D.S., it could not deducted from the amount payable to the decree holder.
The matter has been adjourned on the previous occasion to enable counsel for the revisionist to produce the T.D.S. certificate. However, the T.D.S. certificate has not produced by him as he state that it has not been made available to him.
Under the circumstances, therefore, the order impugned dated 15.01.2019 cannot be said to be vitiated in any manner nor it suffers from any jurisdictional error that would warrant interference.
The revision is, accordingly, dismissed.
Order Date :- 25.2.2019 Jitendra Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.25 17:35:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad