Bell Granito Ceramica Ltd VS Union Of India

In this Civil Application, the applicant, who is the original writ applicant, seeks specific relief from the court regarding the payment of a balance amount of Rs.44,77,778. The main request is for an extension of the time limit to make this payment. Additionally, the applicant is asking the court to permit them to pay the amount in six monthly installments. The request indicates that the applicant may be experiencing financial difficulties or constraints that make it challenging to pay the entire balance in a single installment. This installment plan is likely being proposed to ease the financial burden and allow the applicant to manage their finances more effectively while still fulfilling their payment obligations.

The relief sought is significant as it will impact the applicant’s financial planning and obligations. The court’s decision on this application will determine whether the applicant is granted the flexibility to pay the outstanding amount over an extended period, thereby alleviating immediate financial pressure. The outcome will hinge on the court’s assessment of the applicant’s circumstances and the justification provided for needing such an extension and installment arrangement.

In this Civil Application, the applicant, who is the original writ applicant, is seeking specific reliefs from the court. The primary relief requested includes:

1. Extension of Time for Payment: The applicant requests that the time limit for making the payment of the remaining amount of Rs. 44,77,778 be extended.

2. Payment in Installments: The applicant seeks permission to make this payment in six monthly installments.

The applicant is essentially asking for leniency and flexibility in the payment schedule due to the circumstances of the case. This request is framed as an appeal for the court’s kindness and understanding.

This application is connected to a main matter, identified as Special Civil Application No. 4487 of 2020, where an order was issued on 19th February 2020. The details of this main order are not provided, but it is implied that the financial obligation and deadlines being addressed in this application stem from that order. The applicant is now seeking a modification of the terms set by the original order, particularly in relation to the payment schedule.

In this Civil Application, the applicant, who is also the original writ applicant, seeks the following reliefs:

1. Extension of the time limit for making a balance payment of ₹44,77,778, with permission to pay this amount in six monthly installments.

2. Issuance of any other just and proper orders based on the facts and circumstances of the case.

The main matter, referred to as Special Civil Application No. 4487 of 2020, had an order passed on 19th February 2020, which allowed a draft amendment that needs to be carried out promptly.

Key points from the proceedings:

1. Notice has been issued to the respondents, with a returnable date of 11th March 2020.

2. After hearing the learned counsel for the writ applicant and reviewing the available materials, the court is inclined to grant some interim relief in favor of the writ applicant.

3. The writ applicant has requested interim relief pending the final resolution of the case.

In the Civil Application under consideration, the applicant, who is also the original writ applicant, has requested specific reliefs related to the payment of a sum totaling Rs. 44,77,778. The applicant seeks an extension of the deadline for this payment and requests permission to pay the amount in six monthly installments. The applicant has asked the court to issue a just and proper order, expressing a plea for kindness and leniency in the circumstances of the case.

This application relates to a broader matter, Special Civil Application No. 4487 of 2020. In this main case, an order was issued on February 19, 2020, allowing for a draft amendment, which is to be completed promptly. Additionally, a notice was to be issued to the respondents with a return date set for March 11, 2020.

Upon reviewing the submissions from the writ applicant’s counsel and the documents on record, the court determined that the writ applicant is eligible for some interim relief. Specifically, the applicant has requested a stay on the operation, implementation, and execution of the garnishee notice, as well as any further actions arising from the notice dated February 3, 2020, until the final resolution of the writ application.

The Department’s position is that the applicant’s total liability, including interest, amounts to Rs. 1,01,78,188. In contrast, the applicant contends that their maximum liability should be Rs. 54,77,778. The court’s decision and any interim relief will hinge on resolving these differing assessments of the applicant’s liability.

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