Shubh Gautam vs Anjani Technoplast Limited

IN THE MATTER OF: Shubh Gautam ...Appellant

Versus

Anjani Technoplast Ltd. ...Respondent

Present:

For Appellant : Mr. Gaurav Singh, Advocate. For Respondents : Mr. Pankaj Pandey, Mr. Girish Tripathi, Advocates.

JUDGMENT

ASHOK BHUSHAN, J.

I.A. No.1151 of 2026 has been filed by the Applicant/ Appellant -

Shubh Gautam (hereinafter referred to as the "Lender") praying for

following reliefs:

"a) Record and hold that a legally enforceable decretal amount exists in favour of the Respondent arising out of the final decree dated 11.01.2018 passed by the Hon'ble High Court of Delhi;

b) Record and quantify the decretal amount payable by the Appellant at Rs. 12,51,18,074.49/- as on 28.02.2026, as reflected in Annexure-A-6, computed strictly in terms of the decree and after adjustment of all post-decree deposits;

c) Pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and render justice."

2. The above application has been filed by the Lender in pursuance of

the order dated 02.02.2026 passed by Hon'ble Supreme Court in Civil

Appeal No.(s) 8247 of 2022 in Anjani Technoplast Ltd. vs. Shubh

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 1 Gautam. Anjani Technoplast Ltd. (hereinafter referred to as the

"Company"). The Company has filed the above Appeal in the Hon'ble

Supreme Court assailing the order of this Tribunal dated 01.11.2022

passed in Company Appeal (AT) (Ins.) No.904 of 2022 - Shubh Gautam

vs. Anjani Technoplast Ltd., by which order this Tribunal has set aside

the order of the NCLT dated 20.06.2022 rejecting Section 7 application

filed by Shubh Gautam, Lender.

3. Learned Counsel appearing for the Respondent - Anjani

Technoplast Ltd., Company has filed Annexures compilation. Both the

parties have also filed short notes of submission in support of their

respective claims. The order of Hon'ble Supreme Court dated 02.02.2026

passed in Civil Appeal No.8247 of 2022 is as follows:

"1. There is a serious contest about the existence of debt. While it is contended by Mr. Mukul Rohtagi, learned senior counsel appearing for the appellant, that no amount is payable, learned Cansel for the respondent states that nothing of the decretal amount has been paid at all.

2. Pending disposal of this appeal, the National Company Law Appellate Tribunal [NCLAT] shall examine the issue of existence of debt and pass an order so as to enable this Court to consider if the dispute can be settled. The Tribunal may pass the order within four weeks from today.

3. The parties are at liberty to mention this appeal for listing immediately thereafter."

4. In the above order, the Hon'ble Supreme Court has noticed that

there is serious contest about the existence of debt between the parties.

Learned Counsel for the Respondent in the above context has referred to

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 2 two earlier orders passed by the Hon'ble Supreme Court in the above

Appeal. Reference has been made to the order dated 18.10.2024 where it

was stated on behalf of the Company that amount of Rs.3 crores has

already been deposited in the High Court and the Company is ready and

willing to deposit the balance decretal amount payable till date, in terms

of the decree dated 11.01.2018. The order of the Hon'ble Supreme Court

dated 18.10.2024 is as follows:

"It is stated on behalf of the appellant, Anjani Technoplast Ltd., that 3 crores have already been deposited in the High Court and that the appellant is ready and willing to deposit the balance decretal amount payable till date, in terms of the decree dated 11.01.2018. The balance amount, along with the computation decreed by the High Court, will be deposited by the appellant before the High Court within a period of six weeks from today.

A copy of the said computation along with proof of payment will be furnished to the learned counsel for the respondent, Shubh Gautam.

Re-list in the week commencing 13.01.2025."

5. On 11.02.2025, the Hon'ble Supreme Court noticing the calculation

of amount on behalf of Lender passed following order:

"Learned Senior Advocate appearing for the respondent has handed over a detailed calculation chart depicting the total amount payable and, according to them, the balance amount payable is presently more than ₹11 crores.

Let the appellant examine the aforesaid calculation chart and report by filing an alternative chart, in case it disputes the figures given in the said chart. The alternative chart, if any, shall be filed within seven days from today with an advance copy to the other side.

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 3 Re-list in the week commencing 17.03.2025."

6. Before we proceed to consider the application filed by Lender, we

need to notice certain background facts and sequence of events with

respect to dispute between the parties.

6.1 The Lender - Shubh Gautam is a money lender, who has on

24.02.2010 gave a loan of Rs.2.50 crores for a period of two months with

interest @ 12.75% payable on half-yearly basis. The Loan Agreement also

provided that in default of payment, the Lender shall be entitled and

Borrower shall be liable to pay interest mentioned in the loan. On

31.03.2010 another loan of Rs.2 crores for a period of fifteen days was

taken with interest @3% per month, payable on half-yearly basis. The

Company had given cheques as security.

6.2 On dishonouring of cheques the Lender filed a complaint under

Section 138 of the Negotiable Instruments Act, 1981 before the Court of

Metropolitan Magistrate, Tis Hazari Delhi. In the complaint, a

Compromise Deed was entered between the parties on 31.08.2013, where

Company agreed to pay an amount of Rs.3,22,02,660/- within 12

months. The compromise also acknowledged that Company till

31.07.2014 has made payment of Rs.3,53,51,520/-.

6.3 Lender filed a Summary Suit CS (OS) 66/2016 under Order XXXVII

of the Code of Civil Procedure praying for Decree of an amount of

Rs.4,38,00,617/- with pendente lite and future interest @24% per

annum. In the Summary Suit a Compromise Deed dated 23.12.2016 was

entered in continuation of earlier compromise dated 31.08.2013, where,

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 4 Company agreed to pay an amount of Rs.2,38,61,907/- as full and final

settlement against all claims by means of two cheques. The cheques

given were not honoured, learned single Judge Delhi High Court vide

judgment dated 11.01.2018 passed a Decree for a sum of Rs.

4,38,00,617/- along with interest @ 24% per annum from 01.02.2016.

The Decree order also directed for deduction of Rs.25 lakhs, which was

paid to the Plaintiff on 06.01.2018 and a cost of Rs.5 lakhs was also

imposed. The Company filed an Appeal - RFA (OS) 48/2018 before the

Division Bench, which also came to be dismissed on 27.07.2018 with cost

of Rs.25,000/-.

6.4 Lender filed a Section 7 petition being Company Petition No.(IB)-

766(ND/2021 before the NCLT, New Delhi Bench-IV alleging financial

debt as owed to the Company, which is in default. The NCLT by order

dated 20.06.2022 dismissed Section 7 petition. The Company had also

filed Special Leave Petition (Civil) Diary No(s). 22264/2021 challenging the

Division Bench order of Delhi High Court dated 27.07.2018, which came

to be dismissed on 22.10.2021.

6.5 With respect to Assessment Year 2012-13, a demand was raised on

the Lender on account of TDS deposited by the Company of Rs.9,22,855/-

towards the interest given to Lender. The Lender file an Appeal before the

Commissioner of Income Tax objecting to demand. The Commissioner of

Income Tax dismissed the Appeal filed by the Lender on 21.09.2020

assessing the interest income on the strength of TDS deposited by the

Company. The Appellant filed an Appeal before the Income Tax Appellate

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 5 Tribunal ("ITAT"), where the Lender with respect to dues of Company,

pleaded that Company having failed to repay the principal amount, there

was no question of booking of interest income of Rs.92,28,545/-. Before

the ITAT, it was also pleaded by the Lender that amount due on M/s

Anjani Technoplast Ltd. is Rs.96,48,480/-. The ITAT partially allowed the

Appeal, adding the income with respect to Rs.9,22,855/-, which was the

TDS deposited by the Company.

6.6 The Company after coming to know about the Income Tax

proceedings has filed an IA No.17634/2022 before the Delhi High Court in

CS(OS) 66/2016 praying for various reliefs. It was also pleaded by the

Applicant that that decree holder is not giving the details of

computation/calculations, which are due and payable by judgment

debtor. The order passed by Commissioner of Income Tax was also

referred to in the application. Learned Single Judge also noticed the

statement of judgment debtor that judgment debtor undertakes to pay full

amounts, which are due and payable to decree holder. The Delhi High

Court by order dated 31.10.2022 passed in IA No.17634/2022 directed

the judgment debtor to pay all amounts due and payable to the decree

holder in terms of decree dated 11.01.2018. The decree holder was also

directed to file computation of calculation of amount. The judgment

debtor undertook to deposit amount of Rs.5,00,000/-, Rs.25,000/- and

Rs.3 crores within 10 days. The judgment debtor deposited amount of

Rs.3 crores. The Lender filed an Appeal against the order of the learned

Single Judge passed in IA No.17634 of 2022 being Special Leave Petition

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 6 No.21131-21132, which petition filed by the Lender was dismissed by the

Hon'ble Supreme Court on 28.11.2022.

7. In the above background of facts and circumstances in the Civil

Appeal No.8247 of 2022, both the parties have filed different calculations

claiming the amount due. As noted in the order of the Hon'ble Supreme

Court dated 11.02.2025, the claim of the Lender was that presently an

amount of more than Rs.11 crores is due. The decree holder on the other

hand after the order dated 18.10.2024 of the Hon'ble Supreme Court as

noted above, filed a compliance affidavit and computation chart as

Annexure-C, where the judgment debtor stated that balance decreed

amount as per computation sheet was Rs.60,98,847/-, which has been

deposited with Demand Draft dated 29.11.2024 before the Registrar

General of the Delhi High Court. In the compliance affidavit it is

submitted by the judgment debtor that amount of Rs.1,27,91,843/-,

which was paid by the Company to the Lender was not appropriated. The

judgment debtor claimed that computation as claimed by the decree

holder is already challenged before the Delhi High Court in IA

No.17634/2022 in which orders have been passed by the Delhi High

Court. It was also pleaded that the Company was not aware of the

income tax proceedings against the Lender with respect to interest income

from the Company and the amount of TDS deducted and deposited by the

Company was not even reflected by the Lender. It is pleaded that there

was specific pleading by Lender before the ITAT that amount due against

the Company was only Rs.96,48,480/-. On the other hand, the Lender in

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 7 this application has filed a statement of decreed amount as per the decree

dated 11.01.2018 and as per the above chart till 28.02.2026 an amount

of Rs.12,51,18,074/- is due

8. From the materials brough on record by both the parties, which

were also placed before the Hon'ble Supreme Court as has been noticed

above, the dispute between the parties, which has surfaced before the

Hon'ble Supreme Court is about the respective computations by both the

parties on the basis of decree of Delhi High Court dated 11.01.2018.

Learned Counsel for the Lender submitted that decree dated 11.01.2018

passed by Delhi High Court in Summary Suit filed by the Lender have

become final. The Appeal before the Division Bench have been dismissed

and SLP has also been dismissed by the Hon'ble Supreme Court, the

Company cannot be heard in disputing the amount against the decree,

which has become final between the parties.

9. Learned Counsel for the Lender contended that the computation of

chart, which has been filed by the decree holder has adjusted the amount

of Rs.25,00,000/- as was directed by the decree dated 11.01.2018 and

the amount of Rs.3 crores deposited on 02.11.2022; amount of

Rs.60,98,847 on 17.02.2025. It is submitted that the Company is

endeavouring to rely on the proceeding under the income tax, which has

no relevance. The Company is also trying to get adjustment of certain

amount, which according to Company has not been reflected by the

Lender, which issues have become final after passing of the decree on

11.01.2018. It is submitted that application filed by Company before the

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 8 learned Single Judge being IA No.17634 of 2022 is not maintainable, nor

the decree has been stayed or modified by the Delhi High Court.

10. Learned Counsel appearing for the Company submitted that

Company is not making any averments against the decree dated

11.01.2018. It is, however, submitted that Company after coming to

know that there was suppression of facts and concealment by the Lender

in Summary Suit in obtaining the Decree, an IA has been filed before the

Delhi High Court being IA No.17634/2022, in which IA, the judgment

debtor has undertaken to pay the entire amount due under the decree

and hence, deposited the amount of Rs.3 crores immediately after order

dated 31.10.2022 and balance amount of Rs.60 lakhs as per calculation

of the Company. It is submitted in the proceedings before Income Tax

Authorities, specially before ITAT, the Lender has pleaded before the ITAT

that amount due on the Company was only Rs.96,48,480/-. When the

Lender has taken a stand before the ITAT and mentioned the figure of

amount due against the Company, it could not have different amount in

the Summary Suit. When the amount of only Rs.96,48,480/- was due at

the end of 31.03.2012, claiming of interest by Lender of amount of

Rs.1.05 crores regularly for each year, which is reflected in the chart

given by the Lender is incorrect. In the chart, which has been submitted

by the Lender, every year an amount of Rs.1,05,12,148/- have been

mentioned as interest, which interest according to the Lender is on same

amount, i.e. Rs.4,38,00,617/- crores. Several amounts paid by the

Company, have not been reflected and the whole basis and calculation by

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 9 the Lender being fraudulent and full of suppression, the Company had to

file an application IA No.17634/2022, which has been entertained and is

still pending. It is submitted that on account of suppression an

application under Section 340 CrPC before the Delhi High Court, wherein

notice has been issued.

11. We have considered the submissions of learned Counsel for the

parties and have perused the records.

12. With respect to rival claim of both the parties relying on respective

computation chart regarding the amount due on the Company in favour

of the Lender, learned Counsel for the Company has submitted at the very

outset that submissions made by Respondent are not in any manner

questioning the decree dated 11.01.2018 passed by Delhi High Court in

Summary Suit. The submissions, which have been advanced by

Respondent is to point out their own calculation of amounts paid by them

and the action of Lender in not reflecting various payments made by the

Company to the lender and taking contradictory stand before the Income

Tax Authorities and before the Delhi High Court. We have noticed above

that after the Decree dated 11.01.2018, which was affirmed by the

Division Bench on 27.07.2018 as well as by the Hon'ble Supreme Court

by dismissing the SLP on 22.10.2021, an application under Section 151

CPC has been filed by the Company before the Delhi High Court in

Summary Suit proceedings, i.e. CS(OS)66/2016. The copy of the order of

the learned Single Judge dated 31.10.2022 has been placed on record by

Company. It is useful to notice certain paragraphs of the order dated

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 10 31.10.2022. Learned Single Judge in its order dated 31.10.2022 has

noted the details of all litigations between the parties, including the

Compromise Deeds. The averments made by the judgment debtor has

been noticed by the learned Single Judge in Paragraphs-9 and 10, which

are as follows:

"9. It is submitted that applicant/judgment debtor is a running company, which is a fully solvent company with 95 serving full time employees. It is submitted that judgment debtor had booked total revenue of approximately Rs. 35 crores in the last financial year i.e. 2021-22 with profit of Rs. 8 crores. However, decree holder instead of filing an execution petition for purposes of recovering moneys which are due and payable to it, has initiated proceedings under Section 7 of IBC in a mischievous manner.

10. Learned senior counsel appearing for applicant/judgment debtor submits that judgment debtor undertakes to pay full amounts which are due and payable to decree holder. However, he submits that decree holder has not given any detailed calculations as to amounts which are due and payable to decree holder. Further, he submits that when tranche of Rs. 92,28,545/- was paid by judgment debtor to decree holder, the said amount was neither reflected in books of accounts by decree holder nor was accounted for in Income Tax Returns for said year. This is despite the fact that judgment debtor had not only deducted TDS for the said amount but had also deposited said amount with Income tax authorities. Thus, he submits that though an approximate amount of Rs. 4.12 crores already stands paid by judgment debtor to decree holder, however, decree holder has not given proper computation of amounts payable by judgment debtor. Thus, learned senior counsel submits that judgment debtor has not been able to honor its liability in absence of clear calculations given on behalf of decree holder."

13. The learned Single Judge after noticing the submissions of the

parties and decree passed in Summary Suit and order of the Division

Bench, in Paragraph 18 to 21 observed following:

"18. Considering the undertaking given by judgment debtor today before this Court that it shall pay all amounts due and payable to the decree holder in terms of decree dated 11.01.2018, direction is issued to decree holder to file computation of calculation of amounts which are still due and payable by judgment debtor in terms of decree dated 11.01.2018 after showing adjustments of all amounts which have already been paid by judgment debtor.

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 11

19. Let affidavit be filed by decree holder within a period of two weeks from today.

20. In order to show his bonafide, learned senior counsel on instructions undertakes that judgment debtor shall deposit cost levied by this Court to tune of Rs. 5,00,000/- along with cost of Rs. 25,000/- and a further amount of Rs. 3 crores with Registrar General of this Court within a period of 10 days from today. The said amounts, deposited by judgment debtor shall be kept in an interest bearing account.

21. After affidavit is filed by decree holder in terms of order passed today, decree holder will be at liberty to move an application before this Court praying for release of aforesaid amounts so deposited by judgment debtor with the Registrar General of this Court."

14. We have noted that after the judgment of learned Single Judge on

31.10.2022, an amount of Rs.3 crores was deposited immediately on

02.11.2022 and after order of the Hon'ble Supreme Court dated

18.10.2024, the judgment debtor has deposited an amount of

Rs.60,98,847/- by Bank Draft dated 29.11.2024.

15. We need to first notice the objections raised by learned Counsel for

the Lender with respect to orders of Income Tax Authorities, which have

been relied by learned Counsel for the Company and were also filed before

the Hon'ble Supreme Court along with compliance affidavit of the

Company dated 28.11.2024. We may first examine as to whether

proceedings of Income Tax Act has any relevance with regard to dispute of

the amount between the parties. The order of Commissioner of Income

Tax dated 21.09.2020 has been relied, in which proceedings a demand

was raised against the Lender by adding interest income on the basis of

TDS deposited by the Company of Rs.9,22,855/- on the interest income of

the Lender. Before the Commissioner of Income Tax, it is clear from the

order, that Lender pleaded that there is default in payment of principal

amount and which amount was also doubtful of recovery. Hence, there

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 12 cannot be any interest that could be said to be accrued on the amount.

The Appeal was however dismissed, against which order the Lender filed

an Appeal before ITAT (Income Tax Appellate Tribunal) with respect to

Assessment Year 2012-13. The ITAT allowed the Appeal by its order

dated 01.09.2022, which order is on the record. The ITAT has noted the

case of the Lender. The Lender before the ITAT has placed the chart

regarding balance amount due from Anjani Technoplast Ltd. It is useful

to notice Paragraphs-5 and 6 of the judgment, which are as follows:

"5. Whereas the case of the assessee is that M/s. Anjani Technoplast Ltd. has failed to repay even the principal amount and litigation is pending and there was no likelihood of receiving any payment of principal or interest amount from M/s. Anjani Technoplast Ltd., therefore, there was no question of booking of interest income of Rs.92,28,545/-. That's merely because M/s. Anjani Technoplast Ltd., deposited TDS amounting to Rs.9,22,855/-, does not mean that the interest income of Rs.92,28,545/- has accrued to the assessee. It has been pleaded that in view of the aforesaid facts, only the real income of the assessee can be taxed and since the litigation is going on with M/s. Anjani Technoplast Ltd., therefore, the addition of Rs.92,28,545/- into the income of the assessee on accrual basis is not justified.

It has been further pleaded that the company M/s. Sriram Compounds Pvt. Ltd., in which the assessee is a Director was having some credit balance of M/s. Anjani Technoplast Ltd., in respect of purchases made, in its books of accounts. It was mutually agreed that the assessee's credits for M/s. Anjani Technoplast Ltd. will be adjusted against the credit balances of M/s. Anjani Technoplast Ltd. in the books of M/s. Sriram Compounds Pvt. Ltd. The assessee in this respect has placed on record the following chart:-

Sl. Date of Particulars Amount (in Amount (in No. events Rs.) Rs.) 1 24-02- Loan given by the 2,50,00,000 2010 appellant to Anjani Technoplast 2 31-03- Loan given by the 2,00,00,000 4,50,00,000 2010 appellant to Anjani Technoplast 3 29-04- Less: receipt of the (60,257) 2010 loan money from Anjani Technoplast

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 13 vide cheques no.819834 4 29-04- Less: receipt of the (4,63,716) 2010 loan money from Anjani Technoplast vide cheques no.819833 5 30-04- Less: receipt of the (3,00,000) (8,23,793) 2010 loan money from Anjani Technoplast vide cheques no.819838 6 31-03- Credit balance of 1,19,67,870 2011 Anjani Technoplast transferred to the appellant by Sriram Compounds 7 31-03- Credit balance of 3,22,08,157 4,41,76,027 2012 Anjani Technoplast transferred to the appellant by Sriram Compounds 8 20-11- Adjustment of (3,45,27,547) 2010 Purchase of raw To materials from 31-03- Anjani Technoplast 2012 by Sriram Compounds Pvt. Ltd. Balance amount 96,48,480 due from Anjani Technoplast by the appellant

6. Placing reliance on the aforesaid chart, it has been pleaded that even otherwise, only the amount which was outstanding against M/s. Anjani Technoplast Ltd. was Rs.96,48,480/-. In a nutshell, the pleading of the assessee is that only amount which the assessee has received on account of interest from M/s Anjani Technoplast Ltd. during the assessment year under consideration is the amount deposited as TDS of Rs.9,22,855/-. That, neither any other amount has been received by the assessee nor any other income has accrued for which any addition could have been made by the Assessing Officer."

16. There is categorical case of the Lender before the ITAT that amount

due against the Company is Rs.96,48,480/- No explanation has come on

behalf of the Lender to explain the case setup by the Lender before the

ITAT except that such orders are not relevant in these proceedings. When

the Company is claiming that various payments made by Company are

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 14 not reflected and specific amount of Rs.1,27,91,843/- is pleaded in the

compliance affidavit filed before the Hon'ble Supreme Court after order

dated 18.10.2024. It is an admitted fact between the parties that an

amount of Rs.3.53 crores was already received by the Lender, which is

reflected in the Settlement dated 31.08.2013. In the computation chart,

which has been filed by the Lender, claiming an amount of more than

Rs.11 crores as noticed by the Hon'ble Supreme Court and more than

Rs.12 crores as claimed before us, the chart indicate that every year same

amount of Rs.1,05,12,148/- have been added with effect from

01.02.2017. As noted above the judgment debtor is also not complaining

against the decree dated 11.01.2018, but submits that the amounts

claimed in the Summary Suit do not reflect the payments already made.

We have noticed that after the decree passed in the suit, learned Single

Judge has entertained the application filed by the Company, where before

the High Court the Company has undertaken to pay the entire amount

and has already deposit Rs.3 crores. Learned Single Judge has not

passed any final order in the IA, which was filed by the Company in the

Summary Suit. The submissions, which have been made by the learned

Counsel for the Company before us regarding the quantum of amount as

claimed by the Company, cannot be held to be without substance.

17. From the materials brought on record by both the parties and the

respective submissions of learned Counsel for the parties, we arrive on

following conclusions:

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 15

1. In the summary suit filed by Lender in Delhi High Court, various

payments made by Company as detailed in Chart C (filed by

Company in compliance affidavit in pursuance of order of

Hon'ble Supreme Court dated 18.10.2024) were not taken into

Account.

2. The Lender in proceedings initiated by Income Tax Authorities

has been held not reflecting the interest income for Assessment

Year 2012-13 with regard to which TDS was deducted by the

Company and deposited in the Form 26AS.

3. Income Tax Appellate Tribunal in ITA No.555/KOL/2020, filed

by Lender, in its judgment dated 01.09.2022 has extracted the

calculations given by Lender regarding outstanding amount

against the Company as on 31.03.2012, which was only

Rs.96,48,480/-, the amount claimed by Lender in Summary Suit

No.66/2016 of Rs.4,38,00,617/- is contrary to own case set by

Lender before ITAT.

4. The proceedings before the Income Tax Authorities which relate

to Assessment Year 2012-13 i.e. after date of loan and decided

on 01.09.2022, after judgment dated 11.01.2018 of Delhi High

Court, are relevant and can be looked into.

5. The IA No.17634/22 has been filed by Company in CS(OS) 66 of

2016 under Section 151, in which proceeding Delhi High Court

has taken note of Income Tax Proceedings. The entertaining of

Section 151 C.P.C. Application by Delhi High Court with respect

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 16 to decree of Summary Suit dates 11.01.2018, prima facie caste a

doubt on the amount claimed in Summary Suit which may be

finally determined by Delhi High Court in the said proceedings.

6. The calculation chart given by Lender of outstanding amount of

Rs.12,51,18,074 as on 28.02.2026 is calculations as per decree

dated 11.01.2018, to accept the same is to disregard the above

observations (1 to 5).

Both the parties may place this order before Hon'ble Supreme Court

as per order dated 02.02.2026 passed in Civil Appeal No.8247 of 2022.

[Justice Ashok Bhushan] Chairperson

[Mr. Indevar Pandey] Member (Technical)

NEW DELHI

26th February, 2026

Ashwani

I.A. No.1151 of 2026 in Company Appeal (AT) (Ins.) No.904 of 2022 17