TMI Blog2018 (3) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... tand protected, if a bank guarantee, in the sum indicated in Paragraph 19 was furnished to it - In case a party is of the view that the proceedings of the Court have been incorrectly recorded in the judgement, it is incumbent upon such party to move the concerned Court for rectification, while the matter is still fresh in the mind of the Judge, who passed the order. There is no other way known to law to correct the record of the Court. Appeal disposed off. - W. A. No. 1108 of 2017 - - - Dated:- 11-9-2017 - Rajiv Shakdher And Abdul Quddhose, JJ. For the Appellant : Mr. K. Magesh For the Respondents : Mr. Kuberan for M/s. Rank Associates for R1 ORDER ( Order of the Court was made by Rajiv Shakdher, J. ) 1. Issue No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same is transferred to the hirer. In case of failure to make the payment, the owner i.e., the appellant, would proceed against the hirer, i.e., Respondent No.1, for enforcing payment, by adopting lawful means. 5. On the other hand, Respondent No.1 had contended that the total hire rent was pegged at ₹ 148.50 lakhs (Rupees One Crore forty eight lakhs fifty thousand only), which was payable via., sixty (60) Equated Monthly Instalments (EMIs) of ₹ 2,47,500/- each, factored in the sales tax component. 6. The learned single Judge, having regard to the contrarian stands, taken before him, zeroed down on what was not disputed before him, which is, that the appellant had paid a sum of ₹ 13,13,075/- towards sales tax. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned single Judge, made it abundantly clear that if the decision was adverse to the interest of the Respondent No.1, he would be at liberty to assail the order, which the appellant may pass on his representation. 8. Before us, Mr.K.Magesh, who appears for the appellant, says that the liability towards sales tax, which has been borne by the appellant, is much larger. According to the learned counsel, as on 31.07.2017, the liability accrued in that behalf is a sum of ₹ 1,37,38,808/-. The learned counsel, says, that this amount would include the sum of ₹ 13,13,075/- and that, if interest, at the rate of 16.5% is added for the period spanning between 01.04.2001 and 31.07.2017, it would add up to the figure, indicated above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Paragraph 19 was furnished to it. 12.1. The relevant part of paragraphs 18 and 19 are extracted hereafter: 18. The first respondent / TIIC would submit that if this sum of sales tax paid by them is protected by way of a bank guarantee, they are willing to release the title deeds for the collateral security properties, with a rider that the bank guarantee can either be invoked or returned subject to a decision being taken on the writ petitioner approaching them on the aforesaid two aspects touching upon the lone issue being sales tax payable on said machineries. 19.Therefore, the following order is passed: a) The writ petitioner shall furnish a bank guarantee from a reputed bank favouring TIIC (making TIIC the beneficiary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse to the writ petitioner, either in full or in part, this order will not preclude the writ petitioner from assailing the same in a manner known to law. (emphasis is ours) 13. It is trite to state that, as to what transpired before the Court in the proceedings held before it can, if at all, be conclusively reflected only in the judgement of the Court, which cannot be contradicted by any assertions made by a party in an affidavit or by any other evidence. In case a party is of the view that the proceedings of the Court have been incorrectly recorded in the judgement, it is incumbent upon such party to move the concerned Court for rectification, while the matter is still fresh in the mind of the Judge, who passed the order. There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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