- 1 - 919.nms105.11 s.95.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 105 OF 2011 IN SUIT NO.95 OF 2011 Anil B. Amin ..Plaintiff -Versus- Dr.Prafula B. Amin ..Defendant .......... Ms.Vaidehi Naik i/by Phoenix Legal for the Plaintiff. Mr.R.A.Shah a/w. Ms.Rashmi Awant i/by M.Hiralal & Co. for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 The above suit is disposed of by a consent order dated 23rd February 2011. The present application is made on behalf of the defendant who under the consent order dated 23rd February 2011 is required to pay the first installment of Rs.1.45 crores to the plaintiff on or before 7th March 2011. It is submitted on behalf of the defendant that the defendant may have to deduct income tax @ of 20% from the installments agreed to be paid by the defendant since the plaintiff is a Non Resident - 2 - 919.nms105.11 s.95.11 Indian. The learned advocate appearing for the plaintiff disputes what is submitted on behalf of the defendant and submits that no amount is required to be deducted by the plaintiff from the said installments and the liability qua payment of tax is that of the defendant. The learned advocate for the defendant informs the Court that he is in the process of taking opinion from an Expert in this regard. In view thereof, without going into the merits of the submissions at this stage, the defendant is directed to pay the first installment of Rs.1.45 crores on or before 7th March 2011 to the plaintiff without deducting any tax therefrom. The second of the five installments is due to be paid on 7th April 2011. Therefore, stand over to 21st March 2011. [ S.J. KATHAWALLA, J. ] -