9911796707
TMI Blog2017 (8) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 along with interest amounting to Rs. 65,91,235 and legal costs and expenses amounting to Rs. 10,00,000 aggregating to Rs. 18,55,18,796/. Pursuant to the said order the Defendant Vessel has been taken under arrest. 2. One S5 Agency World Limited, being an interested party in the Defendant Vessel and in order to mitigate their losses and for release of the defendant Vessel filed purshish for passing appropriate orders. This court passed order dated on 23rd May 2017 as per which S5 Agency World Limited made a cash deposit of Rs. 18,55,18,796/by way of Cheque bearing No.164402 dated 23.05.2017 drawn of Bank of India, Navrangpura Branch towards suit claim inclusive of interest and costs without prejudice to their right and contentions, for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntentions to the Service Tax Authority having jurisdiction over the subject matter.The Counsel for S5 Agency World Limited submits that the consent for release of the payment is subject to the following: a. S5 Agency World Limited is consenting to make above payment to the Service Tax Authority under protest and S5 Agency World Limited and/or their principals and/or managers and/or owners of the Defendant Vessel reserve their right to challenge such payment by initiating appropriate proceedings, including but not limited to challenging the notifications vide which the Government of India withdrew exemption on service with respect to services rendered by way of transportation of goods by foreign vessel from a place outside India up to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive necessary effect thereof. It is directed that adjustment of the service tax in the present matter would be only towards liability, if any, in the captioned suit and no other past or future service tax liability of the Applicant/Plaintiff. 6. The above payment is being made without prejudice to the rights and contentions of the parties and the parties are liberty to take such appropriate steps or initiate proceedings as mentioned in paragraph 4 (a) and (b) above. 7. In view of the directions passed for transferring the amount lying with the Registry with interest accrued thereon to the Service Tax Authority, Mumbai the undertaking dated 23.05.2017 of Mr. Param Jit Sehdev, authorized signatory and Divisional Business Controller of S5 Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case the Applicant/Plaintiff receives any refund towards the subject claim from the Service Tax Authorities, the Plaintiff undertakes to forthwith deposit the monies so refunded with the Registry of this Court, without any deductions. The Registry shall thereafter remit the monies so received from the Plaintiff to S5 Agency World Limited in the below mentioned account details:
Beneficiary
:
S5 Agency World Ltd. - NLNG
Bank name
:
Deutsche Bank AG
Address
:
De Entree, 99197 1101 HE Amsterdam (The Netherlands)
Account No
:
NL22DEUT0319830527
SWIFT or BIC
:
DEUTNL2N
IBAN NO
:
NL22DEUT0319830527
The Application is allowed to aforesaid extent. D.S. is permitted to the opponent/defendant. X X X X Extracts X X X X X X X X Extracts X X X X
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