1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 187 OF 2004 IN SUMMARY SUIT NO. 3835 OF 2003 Madhusudan Shrikrishna ..... Plaintiff. V/s M/s Emkay Exports & Ors. ..... Defendants ---- Mr. N.D. Jaywant, for the Plaintiff. Mr. H.N. Thakore a/w Mr. R.N. A CORAM: V.M. KANADE, J. DATE : 11 th JANUARY, 2009 . P.C.: 1. The parties have have settled the dispute and the consent terms are ready. The only apprehension in the mind of the defendants is regarding the deduction of TDS on the amount of interest which is being paid by the defendants towards the discharge of the decree of this c court. 2. The learned counsel appearing on behalf of the defendants has an apprehension that if the TDS is not deducted by the defendants, it would be liable under the provisions of Section-276B of the Income Tax Act. He, however, submits that he is ready and 2 willing to pay the decretal amount after deduction of TDS from the interest component of the decretal amount. 3. The learned counsel appearing on behalf of the defendants submits that he is ready and willing to pay the balance amount within two days and the issue whether TDS may be deducted or not would be decided by this court on the next date. 4. In my view, it would be appropriate if the plaintiff files an affidavit along with statement in writing giving necessary the particulars. The learned counsel appearing on behalf of the plaintiff to file an affidavit on or before 14.1.2010, and forward a copy thereof to other side in advance. 5. Defendants to pay the decretal amount minus TDS to the plaintiff within two days from today. Stand over to 15th January, 2010. (V.M. KANADE, J.)