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2014 Supreme(HP) 1257

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Court on its own motion – Appellant
Versus
H. P. State Cooperative Bank Ltd. – Respondent


Advocate Appeared
For the Petitioner:Mr.Vishal Mohan, Advocate, as Amicus Curiae.
For the Respondents:Mr.Ajay Mohan Goel, Advocate, for respondents No.1 to 3.
Mr.Vinay Kuthiala, Senior Advocate, with Ms.Vandana Kuthiala and Mr.Diwan Singh
Negi, Advocates, for respondents No.4 and 5.

JUDGMENT

Justice Mansoor Ahmad Mir, C.J.

The Registrar (Judicial) of this Court had put up a note that Bank Authorities are making tax deductions on interest accrued on the term deposits i.e. fixed deposits made by the Registry in terms of the orders passed by the Court in Motor Accident Claims cases. The matter was referred to the Finance/Purchase Committee for examination. The Committee convened its meeting on 20th May, 2014 and was of the view that since the dispute involved is intricate and public interest is involved, therefore, it was recommended that the matter requires consideration on judicial side. The recommendation of the Committee was treated as Public Interest Litigation and suo motu proceedings were drawn.

2. Notices were issued to the respondents, who filed objections.

3. Respondents No.1 to 3, in their joint reply, pleaded that initially they were not deducting the tax on the said deposits, but the objections were raised by the concerned Authorities and that is why they started deducting the tax. Respondents No.1 to 3 have specifically averred in paragraphs 3 to 9 of their reply as to how they started making tax deductions.

4. Respondents No.4 and 5 also filed the re















































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