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    Civil Charm No. 102 off 2010 The appellant is often a
    Public Restricted Firm incorporated less than the businesses Act,
    1956 and engaged within the business of manufacturing and providing Grayy Portland Cement.

    In exercise of powers conferred by Segment eight(five) of your Central Product sales Tax Act, 1956 (for short, CST Act), the Gogernment of Rajasthan had issued a Notification No.

    F4(72)FD/Gr.IV/eighty one-18 dated 06.05.1986 mwking it possible foor partial exemptions from
    your sales tax payaable in respect of inter-State profits while in the fashion and subject matter
    into the disorders outlned therein. Partial exemption was granted benrath thee mentioned
    notification at the speed of 50%/seventy five% on the basis of increase
    in The share of the entire inter-Point out gross sales and decrease in proportion of
    inventory transfers nvertheless the gain beneath the reported notification was not obtainable on levy cement.
    Within the evaluation year 1989-ninety to 1997-ninety eight the appellant had been granted advvantage of partial exemption beneath the notification dated 06.05.1986 apart from the assessment 12 months 1995-ninety six and 1996-97 as no promises had been made by the
    appellants currently being not suitable.

    two. It’s important to state in this article the Point out, in workout of
    powers conferred by Section 8(five) of the CST Act, issued Notification No.

    F4(8)FD/GR.IV/ninety four-70 dated 07.03.1994 superseding
    the notification dated 09.01.1990 and directing tht in regard off inter-Point out product sales
    of cement, tax payable below sub-sections (one) aand (two) with the
    explained Area shall be calculated at the speed of 4% with no furnishing declaratoon in Type
    ˜C, inter alia, subject matter on the situation that tthe supplier maling inter-Condition income unxerneath this notification shall
    nnot bbe qualified to assert benefit supplied by partial exemption notification dated 06.05.1986.
    This notification remained inn drice from 01.04.1994 to 31.03.1997.

    three. The CCT vide Circular No. two/ninety four-95 dated fifteen.04.1994 clarified that inter-Point out pproduct sales off cement duly supported by
    C and D varieties shall be qualified for advantage of partial exemption nptification dated 06.05.1986
    annd hat such benefit would not utilize to inter-Condition revenue which are not
    supported by declarations in declarations in Kinds C/D.

    four. By Notification No. 97-122 dated twelve.03.1997 issued under Segment eight(five) with the CST Act,
    the State Governing administration rescinded the Notification No.
    94- 70 dated 07.03.1994 and diirected that CST on inter-State sales of cement shall bbe calculated at
    the soeed of 4% inter alkia topic to fulfilment in the
    problem that the dealer generating inter-Point out product sales below this
    notification shall not be suitable to assert profit provided bby partial exemption notification dated 06.05.1986.
    This notification remained in pressure upto 31.03.1998.

    5. Becquse the factual rating has actually been depicted, to the assessment caalendar year 1997- ninety eight, dispte arose whether or not the saoe of levy cement in The bottom year, i.e.,
    1984-85, might be provided and taken into account for calculating the base several years figure for the
    objective of calculating the benefits underneath the notification dated 06.05.1986.
    A re-evaluation didcover was issued on the appellant for disallowing the mentioned partial exemption on the bottom that
    although calculating the advantages below notification dated 06.05.1986 the appellant-company experienced
    nnot integrated the determine of sale of levy cement built in Thhe bottom calendar year, that is certainly, 1984-85.

    The said re-evaluation detect was challenged by the
    appellant which shaped the subject matter of Writ Petition No.
    1790 of 2001 which was dismissed through the Rajasthan Superior
    Court viode get daed 24.07.2002. A Particular Attraction bearing No.497 of 2002 was filed towardss the order dated 24.07.2002 prior to the
    Divisin Bench and ovr a reference currently being made by the Division Bench, the subject was referred to a bigger Bencdh and
    exactly the same is pending thng tto consider. The same dispute
    avout inclusion of levy cement experienced also arisen to the
    assessment yr 1991-92 which had been made the decision because of the Tax
    Board, Rajasthan vife get dated 16.01.2003 iin favour in the
    appellant which attained finaljty given that no revision petition was submitted from the Poijnt out
    in opposition too the said final decision. Withh the evaluation year 1999-2000,
    the appellant was requested vide display induce discover dated
    sixteen.ten.2001 to elucidate why the advantage of partial exemption under notificaation dated 06.05.1986 should not be
    dissllowed on the ground that even thugh calculating the advantages below notification dated 06.05.1986 the
    appellant had not proided the determine of sale of levy cement made in the base year, that is,
    1984-85. Against the stated demonstrate lead to observe writ petition bearing No.
    4300 of 2001 was submitted and vide get daated fourteen.08.2002 the Large
    Court docket dispoeed on the mentioned writ petition in genntle off your
    buy dated 24.07.2002 handed in Writ Petition No.

    1790 of 2001. Currently being aggrieved because of the reported order, the appellant had submitted a DB Specific
    Attractiveness No. 539 of 2002 which is pending consideration. We may perhaps promptly explain that we are not concerned
    with the claimed assessment yrs.

    six. For the assessment yr 2000-2001,a Demonstrate Trigger Discover dated 11.01.2001 was issued on the appellant searching for to disallow
    the gain beneath notification dated 06.05.1986 on tthe ground the appellant had not calculated the benefits below
    notification dated 06.05.1986 after such as the figuee of sale oof
    levy cement in The botto calendar year, which is, 1984-

    eighty five. In opposition to the claimed display bring about detect Writ Petition bearing No.
    551 of 2002 was submitted whoch is pendingg prior to the High Court docket.

    seven. In workout off electric power less than Segment 8(five) of the CST Act
    the Condition Govt vide Notification No. 97-266 dated 21.1.2000 directed that tax payable below sub-sections (1)
    and (2) of your mentioned Area around tthe inter- State sales of cement shall be calculated aat the rate of 6% inter alia issue to your ailment thee supplier generating
    inter-Condition revenue under this notification shall nott be qualified to say benefit furnished less than partial eexemption notification dated 06.05.1986.

    eight. Following a lapse of 7 yyrs from the preceding circular dated fifteen.04.1994,
    the CCT issued One more Circular No. ninety four-95/119
    dated 16.04.2001 purporting to make clear the applicability of partial exemption notification dated 06.05.1986 vis-a-vis notification dated 07.03.1994
    annd subsequent notifications dated twelve.03.1997 and 21.01.2000.
    By the mentioned round the knowledgeable authority purported to
    state the suppllier caan avail of the good thijng about possibly of these two notifications in almost any financial yr hat means thereby that iff
    he opts with the reward under notification dated 06.05.1986 for that 12 months 2000-2001, he wouldn’t be entitled
    to say simultaneous benefit in regard of a similar yr underneath the notification daged 21.01.2000.

    9. Withh the assessment yr 2000-2001, a demonstrate cause observe dated
    19.08.2003 was issued by the Industrial Taxes Officer to the appellant looking for tto disallow the advantages undermeath notification dated 06.05.1986 with a
    purported retrospective application of the Circular dated 16.04.2001.

    Appellant challenged the mentioned demonstrate induce discover ahead off the Large Couirt ocket Through a Writ Petitiokn bearing
    No. 6192 of 2003. The Substantial Cout vide get dated
    eighteen.11.2003 held thawt the said demonstrate cause notice dated 19.08.2003 wasn’t justified as Round dated 16.04.2001
    could implpement only prospectively and never retrospectively.

    ten. While finalizing the evaluation for your assessment 12 months
    2001-2002, a sho cause observe dated 19.08.2003 was issued purportedly basdd on Round
    dated 16.04.2001 demanding thhe appoellant to point out bring about why the partial
    exemption claimed beneath Condition Governmengs notification No.

    F4(seventy two)FD/Gr.IV/eighty one-eighteen dated 06.05.1986 should not bee disallowed.
    The appellant submitted its reply although the examining authority vide order dated
    26.08.2003 turned down the assert of partial exemption only on The
    idea of Circular dated 16.04.2001 and imposed aded tax around the assessee for that assessment calendar
    year 2001-2002.

    eleven. The appellant submitted an enchantment ahead off
    the Deputy Commissioner (Appeals), who permitted the attractiveness on 03.01.2004 Keeping
    that the appellant could be entitled to avail these partial exemption in regard of inter-Point out revenue built
    on which concessional pice oof six% was not availed of by it belo notification dated
    21.01.2000.

    12. Being aggrieved through the buy of your appellate authority, the income approached the Rajasthan Tax Board
    in charm contending, inter alia, that According to circular dated 16.04.2001 the profit
    couldn’t be claimed below notification dated 06.05.1986 if the device had
    crreated income beloow notification dated 21.01.2000.
    In essence, itt had been urged that advantage of both equally
    the notifications could not be availed of in the identical fiscal
    12months. The Tax Boarfd allowed the attraction filed with the
    profits. Against the order oof the Tax Board, the appellant submitted revision petition before the Large
    Court as well as acquired One Judge vjde
    buy dated 17.04.2009 considering the submissions put forth with the get-togethers and upon anmalysing the theory said in Tata Cummins Ltd.
    v. Condition of Jharkhand[1], M/s Vividh Marbles Pvt.
    Ltd. v. Industrial Tax Officer[two], Point out of Rajasthan v.
    J.K. Udaipur Udyog Ltd. and One more[3], MRF Ltd. Kottayam v.
    Asstt. Commissioner (Evaluation) Product sales Tax
    and ors.[4] as well as other authorities came to hold
    that situation no. three of Notification No. 21.01.2000 should be offered its simple
    and crystal clear meaning and cannot be limited only to the specific transaction of sale included by
    notification dated 21.01.2000 itself and once the
    condition no. three unequivocally states that when the assessee avails of the advantage of concessional charge of tax under notification dated 21.01.2000, he simply cannot get the partial gain as envisaged inside
    the Notification dated 06.05.1986 and appropriately
    repelled the stand of the assessee.

    13. Now we have read Mr. S. Ganesh, acquired senior counsel for your appellant and Mr.
    Jatinder Kumar Bhatia, figured out counsel for your respondent.

    fourteen. The seminal situation that occurs for consideration, succinctly place, is whether or not the appellant is entitled to dual good thing about partial exemption under the notification dated 06.05.1986 in addition to the reduce amount of tax
    @ six% under notification dated 21.01.2000. To answer the issue elevated, it’s important to seek advice from the notifications along with
    the language employed therein to determine the basic intention therein and to
    understand irrespective of whether grant of simultaneous exemptions and Gains could
    well be Opposite on the said notifications. The initial notification dated
    06.05.1986 reads as under:- Notification No.File.4(seventy two)FD/Gr.IV/eighty one-18, S.O.
    23, Might six, 1986.

    In work out from the powers conferred by sub-part (five) of section 8 with the Central Product sales
    Tax Act, 1956( Central Act seventy four of 1956), the
    State Federal government, on currently being contented that it’s important so
    to do in the public interest, in supersession on the Finance Office Notification No.
    F.four (seventy two) FD/Gr.

    IV/81-36, dated December three, 1985, hereby directs that, with rapid influence, any seller, possessing his
    spot of business enterprise and producing goods within the State of Rajasthan,
    might claim partial exemption from the tax payable in regard in the
    sales by him of these goods in the midst of inter-State trade or
    commerce By means of reduction at the speed of fifty% of the tax so payable on greater revenue upto fifty% and at the rate
    of seventy five% on the tax so payable on greater profits remodeled and previously mentioned the aforesaid fifty%, during
    the fashion and topic to your circumstances as follows:- (1)
    These types of reduction of tax shall be permitted to a seller
    only just after As well as in respect of the rise which
    is effected in The share with the quantum of goods bought
    in the middle of inter-Point out trade or commerce from
    the entire quantum of goods offered in the Condition and
    in the midst of inter- State trade or commerce and dispatched to Head Office,
    Department Place of work, Depot or agent outdoors the Point out on the market outside the house the Condition, in the course of any accounting
    yr as from these proportion over the accounting 12 months 1984-
    85.

    (2)In the case of the seller who commenced the manufacture of
    products while in the Point out of Rajasthan on or right after one.1.1985, the standard from the aforesaid percentages in regard of another suppliers during the Condition during
    the relevant market through the accounting yr
    1984-eighty five, calculated and determined by the assessing authority
    While using the acceptance in the Commissioner, shall be deemed to get The proportion in regard
    of this sort of dealer to the accounting yr 1984-eighty five;

    (three) This improve effected in The share, as referred
    to in clause (1) earlier mentioned in respect on the income in the midst of inter-Point out trade or commerce, to be
    thought of shall be limited to the extent of the decrease
    in the percentage in regard in the despatch of products to go Workplace,
    Branch Office environment, Depot or agent outside the Condition available for purchase outdoors
    the State, throughout the related accounting year as versus these percentage throughout the accounting 12 months 1984-eighty five;
    and (4) No assert for such reduction of tax shall be allowed in regard of
    levy- cement.

    15. The notification dated 21.01.2000 is as less than:- [No.F.4(1) FD/Tax Div. ninety seven-266] Jaipur, 21st January,
    2000 In exercising on the powers conferred by sub-portion (5)
    of part eight of your Central Gross sales Tax Act, 1956 the State Federal government
    becoming contented that it’s important in the public curiosity so to complete, hereby directs which the tax payable beneath sub-sections (1) and (2) from the said section, by any
    dealer having his put of enterprise from the State, in regard
    of sale of cement produced by him from any these kinds of put of
    company in the Condition, in the middle of inter-point out trade or commerce, shall be calculated at
    the speed of six% on the following disorders, namely:-

    one. The seller shall report the correct identify with
    full and full tackle of your purchaser while in the bill or hard cash memorandum for such
    inter- State sale being issued by him;

    two. The stress of proof which the transaction was in the nature of inter- State sale shall be to the dealer; and

    three. That the vendor producing inter-Condition product sales below this notification shall not be eligible
    to claim Advantages supplied by notification No.F.4(72) FD/GR.IV/81-18
    dated six.5.1986 as amended once in a while.

    16. Over a careful scanning from the notification dated 06.05.1986,
    it really is apparent that it makes it possible for partial exemption from revenue-tax on inter-Point out gross sales, subject matter to and inside
    the method stipulated therein. The exemption of seventy five%
    or 50% is granted with reference to your quantum of goods sold
    in the middle of inter-Condition trade or commerce outside of the entire quantum of products marketed throughout the Point out, as against these percentage in the course
    of the accounting calendar year 1984-eighty five,
    and that is dealt with as The bottom yr. As
    per the notification, it can be applicable to your supplier
    who may have his position of company; and he needs to be production merchandise Within the State.
    The intention will be to encourage inter- State sale of products manufactured and marketed by a vendor inside the Point out
    of Rajasthan. It has a function. The rise in quantum of goods offered in inter-State trade or commerce with reduction in quantum of inventory transfers By the
    use of branch or depot transfers on which
    NIL or no Central Income tax is relevant would improve the
    revenue of the Condition. Clause 4 in the notification envisages that no reduction of tax is to be allowed in regard of levy cement.
    Computation of the total quantum of products with reference towards the exclusion of levy cement isn’t
    a topic of your existing attraction and that’s pending for thing to consider prior to the Appellate Bench and Solitary Judge of
    your Superior Courtroom. Nevertheless, it is apparent that alterations in figures in the quantum of
    products, no matter whether with reference to inter-Point out gross sales and intra-Point out profits in the base calendar
    year and while in the 12 months through which benefit is claimed, would effects the resolve and quantification from the reward.
    As a result, the exclusion or inclusion during the quantum or turnover is vital and significant.

    17. The 21.01.2000 notification applies to a vendor using a
    location of business during the State and it is in regard of sale of cement made by him from anyplace of company throughout the Point out in the middle
    of inter-Point out trade or commerce. Besides the above mentioned, specified other ailments are to get glad.

    These are (a) profits-tax in regard of inter-State income
    as per the notification could well be calculated at the speed of 6% and
    (b) the seller building inter-Point out gross sales underneath notification dated 21.01.2000 would not be eligible to
    claim benefit supplied within the notification dated 06.05.1986.

    Clause three on the notification lays down that if a seller claims advantage underneath notification dated 21.01.2000, he isn’t qualified to assert the advantage underneath notification dated 06.05.1986.
    Reward under the two notifications can’t be claimed concurrently.
    It is straightforward and crystal clear.

    18. A supplier making inter-Condition gross sales underneath the notification dated 21.01.2000 is
    disqualified rather than eligible to claim advantage beneath the notification dated 06.05.1986.
    The main reason is to deny dual reward as
    well as the notification dated 06.05.1986 computes the profit on the basis of
    turnover. Bifurcation and division of turnover would result in distortion and lead to anomalies.

    19. To get over the aforesaid deadlock, the realized counsel with the appellant has
    lifted a few contentions. The 2 notifications being helpful must be liberally construed,
    for it can’t be assumed which the intendment was that if an assessee claims and was
    entitled to a comparatively tiny or partial exemption underneath notification dated 06.05.1986, he could be deprived with the exemption regardless of whether he satisfies the circumstances in paragraphs one and 2 from the notification dated 21.01.2000.

    The submission would be that the assessee may get good thing about both of those the notifications but not the twin gain during the feeling that inter-Condition product sales
    on which benefit of concessional rate of tax of 6% will
    not be availed of may very well be granted partial exemption underneath
    notification dated 06.05.1986. Pretty apart from the aforesaid
    argument, it truly is urged that partial exemption may very
    well be granted underneath the notification dated 06.05.1986 in regard
    of this kind of intra- Condition profits not protected by the notification dated
    21.01.2000; and good thing about partial exemption underneath notification dated 06.05.1986 would
    co-exist While using the notification dated 21.01.2000, though in regard
    of various and distinct transactions. The second limb of argument is this interpretation was
    the understanding of the respondents, as they had issued circular dated fifteen.04.1994 and pursuant into the explained round,
    the appellant and another assessees had been extended good thing about the notification dated 06.05.1986 as well as the notification dated 07.03.1994, which has now been changed and re- introduced in the
    shape of notification dated 21.01.2000. The plea of consistency particularly when the revenue
    in before a long time experienced approved the reported
    interpretation is highlighted. The last plank of argument
    is definitely the round dated fifteen.04.1994 was clarificatory and had
    rightly interpreted and expounded the interplay amongst The
    2 notifications. Consequently, the round dated 15.04.1994 under the notification dated 07.03.1994 would equally
    use and would guidebook the interpretation from the notification dated 21.01.2000.

    20. So as to understand the contentions raised, it’s vital
    to reproduce notification dated 07.03.1994 as well as round dated 15.04.1994, and also the round dated sixteen.04.2001 by which circular dated 15.04.1994 was withdrawn. The notification dated 07.03.1994 reads as beneath:- Notification No.File.4 (8)
    FD/Gr.IV/ninety four-70 S.O. No. 200, Jaipur,
    dated March seven, 1994.

    In exercising from the powers conferred by sub-portion (5) of part eight of
    your Central Sales Tax Act, 1956 (Central Act seventy four of 1956), As well
    as in supersession of the Office Notification No.File.4 (72) FD/Gr.IV/82-34, dated 27.06.1990, the Condition Authorities getting contented that it is
    necessary in the general public curiosity so to complete, hereby
    directs the tax payable underneath sub- sections (1) and (2) in the said section, by any supplier owning his location of business from the State, in regard in the sales
    of cement created by him from any such area of business in the course
    of inter-State trade or commerce shall be calculated at the speed of 4 per cent without having furnishing of declaration in sort C or certification in variety D on the following conditions,
    namely:- (i) that the dealer shall file
    the identify and full and full handle in the purchaser in the Monthly bill or income memorandum for this sort of inter-State sale for being
    issued by him;

    (ii) that the load to prove that the transaction was in the character of inter-Point out sale, shall be over the dealer; and (iii) which the vendor making inter-Condition revenue under
    this notification shall not be suitable to claim gain offered for
    via the notification No.F.four. (72) FD/Gr.IV/eighty one-18, dated 6.5.1986, as amended from time to time.

    This notification shall arrive into drive from
    1st April, 1994 and shall continue to be in pressure
    upto 31st March, 1997.

    21. The circular dated 15.4.1994 is reproduced underneath:
    – Tax Policy round No.2/94-95 Point out of Rajasthan Business Tax Division No.
    Pa. sixteen/Budget/Tax/Commissioner/ninety four-ninety
    five/108 Dated 15/4/1994 To, All Deputy Commissioners, Industrial Tax
    All Assistant Commissioners, Professional Tax All Industrial/Assistant Professional Tax Officers Round The notification No.
    Pa. 4 (eight) FD/Team-4/ninety four-70 dated 7/3/1994 was issued because of the State Govt and the speed of central tax to the inter-Condition sale of cement is fastened unconditionally at
    4 percent just in case the declaration variety-C or type-D is just not submitted involving 1/4/1994 to 31/3/1997.
    Beneath the mentioned notification the trader executing the inter-State sale shall not be entitled to claim with the benefit manufactured available from the notification No.
    F4 (seventy two) FD/Group-four/61-18 dated 6/5/1986 amended from time to time.

    It is actually produced very clear In this particular respect that the advantages produced accessible
    through the notification No. File 4 (seventy two) FDR-Group-4/eighty one-eighteen dated 6/5/1986 as amended
    from time to time with respect towards the inter-Condition sale
    in the cement done with the type-C or variety-D,
    but aforesaid advantage shall not be offered in the event that the inter-Point out
    sale is finished with no kind-C or sort-D.

    22. The circular dated 16.04.2001 withdrawing the round
    dated 15.04.1994 is as follows:- GOVERNMENT OF RAJASTHAN Business TAXES Division No.File-16 (Price range) Tax/CCT/ninety four-ninety
    five/119 Dated April 16th, 2001 All Dy. Commissioners All
    Assistant Commissioners All Business Taxes Officers.

    All Assistant Professional Taxes Officers.

    CIRCULAR An issue has long been elevated as on the applicability of Finance Department notification No.F.four(72)FD/Br.IV/ eighty one-eighteen dated 06.05.1986 vis-a-vis notification No.F/(8) FD/Gr.IV/94-70
    dated 07.03.1994 and similar subsequent notification dated twelve.03.1997 and the present notification dated 21.01.2000.
    The issue has been examined and it can be clarified that a vendor can avail the good thing about either of both of these notifications in almost any economic 12 months.

    For instance, if he opts for gain underneath notification dated 06.05.1986 for that money calendar year
    2000-2001, he wouldn’t be entitled to say simultaneous
    profit in the identical calendar year beneath the notification supplying for reduce amount of
    tax on cement in course of inter-condition trade or commerce
    with no supportive Form C or D. For that reason, if the advantage of notification dated
    21.01.2000 is getting availed in any money yr, the dealer
    shall be debarred from declaring any gain under notification dated six.five.1986 for the same
    evaluation year.

    Maintaining in see the above status, the Round
    No.File.16 (Spending budget)Tax/CCT/ninety four- ninety five/108 dated 15.04.1994 is hereby
    withdrawn along with the sellers are going to be entitled to claim benefit of possibly
    of The 2 notifications in almost any monetary 12 months.
    Action could possibly be taken appropriately.

    Sd/- (P.K.Deb) Commissioner

    23. Because the factual rating would depict, Notification dated 07.03.1994 was applicable from 1st April, 1994 to 31st March, 1997.
    It wasn’t applicable with influence from 1st April, 1997.
    In this type of predicament, the plea on the appellant that twin Rewards were availed of beneath notification dated 07.03.1994 put up 1st April, 1997 is unacceptable and has to be turned down. Be
    it observed, by An additional notification No.
    97-122 dated 12.03.1997, the Point out Government experienced rescinded notification dated
    07.03.1994 and directed which the Central Income Tax shall be calculated @ 4%, issue to your condition the supplier generating inter State gross sales With this notification would not be eligible to claim
    advantage of partial exemption underneath
    the notification dated 06.05.1986. The notification dated twelve.03.1997 had remained in force upto 31st March, 1998.
    The round dated fifteen.04.1994 in Specific text was not
    relevant on the notification dated 21.01.2000.

    24. It can be limpid which the circular dated 15.04.1994,
    when in pressure, experienced referred to your notifications dated 07.03.1994 and also 06.05.1986.
    Underneath the notification dated 07.03.1994, the rate of
    central tax on inter-Condition sale of cement was unconditionally mounted at 4%,
    even if there was no declaration in Type C and Sort D.
    The notification dated 06.05.1986 regarding inter-Point out sale required Form C and Sort
    D, for availing the benefit. The round didn’t in crystal clear and categorical conditions lay down that twin or various Rewards beneath
    the two notifications may be availed of by the same
    vendor. It, even so, seems that both of those the
    assessee as well as Profits had understood
    the round dated 15.04.1994 to suggest that inter- State transactions would qualify
    and will be entitled to partial exemption under the notification dated 06.05.1986, when accompanied with Variety C and D and for inter-Point out sale
    transactions without the need of Sort C and D, good thing about notification dated 07.03.1994 would
    utilize.

    twenty five. The knowledge because of the assessee plus the Earnings, inside the acquiring factual matrix, has its own limitation. It can be since the theory of res
    judicata might have no software in spite of the comprehension by the assessee as well as the Revenue, for your circular dated 15.04.1994, is to not the specific effect as advised and, even more
    notification dated 07.03.1994 was legitimate involving 1st
    April, 1994 around 31st March, 1997 (upto 31st March,
    1997 vide notification dated twelve.03.1997) instead of thereafter.
    The Professional Tax Office, by a round, might have prolonged
    the benefit beneath a notification and, thus, basic principle of estoppel would use, though
    you can find authorities which opine that a round couldn’t have
    altered and limited the notification to the determent of the assessee.
    Circulars issued below tax enactments can tone down the
    rigour of regulation, for an authority which wields electric power for its have benefit is given correct to forego
    advantage when needed and regarded as needed.
    This power to issue circulars is for just, appropriate
    and efficient administration with the perform As well as in general public desire.

    It’s a valuable energy for appropriate administration of fiscal legislation, to ensure undue hardship may not
    be triggered. Circulars are binding over the authorities administering
    the enactment but are not able to alter the provision of your
    enactment, and so on. for the detriment from the assessee.

    Unnecessary to emphasise that a round shouldn’t be adverse and cause prejudice into the assessee.
    (See : UCO Bank, Calcutta v. Commissioner of Revenue Tax, West Bengal[five]).

    26. In Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries[six], it’s been held
    that circulars and instructions issued from the Board are binding about the
    authorities underneath respective statute, but when this Court or Significant Court docket lays down a
    principle, It could be appropriate for the Court to immediate which the circular should not be specified result to, with the circulars usually
    are not binding within the Courtroom. In the case at hand, as soon as round dated 15.04.1994
    stands withdrawn vide round dated 16.04.2001, the appellant-assessee can not assert the benefit of the withdrawn round.

    27. The controversy herein centres round the period from 1st April, 2001 to 31st March, 2002.
    The interval in problem is generally write-up the circular
    dated sixteen.04.2001. As we discover, the appellant-assessee has pleaded to take benefit of the circular dated fifteen.04.1994,
    which stands withdrawn and was only applicable to your notification dated 07.03.1994.
    It was not especially relevant on the notification dated 21.01.2000.

    The fact that the 3rd paragraph of your notification dated 21.01.2000 is identically worded on the
    third paragraph with the notification dated 07.03.1994 but that could
    not by itself justify the applicability of round dated 15.04.1994.

    28. With this context, we may perhaps Be aware another competition which has been Highly developed before
    us. It is based on the doctrine of contemporanea exposition. Within our thought of viewpoint, the mentioned doctrine would not be relevant and cannot be
    pressed into services. Usage or apply made beneath a statute is
    indicative from the indicating prescribed to its terms by
    modern impression. In case of an historical statute, doctrine of contemporanea exposition is used as an admissible assist to its construction. The doctrine is predicated on the precept
    the words Employed in a statutory provision have to
    be comprehended in the exact same way wherein they tend to be understood
    in standard widespread parlance from the people today in the area and enterprise.
    (See : G.P. Singhs Concepts of Statutory Interpretation, thirteenth
    Edition-2012 at page 344). It has been held in Rohitash Kumar and Other individuals v.
    Om Prakash Sharma and others[7] the explained doctrine
    must be applied with caution and the Rule should give way if the language from the statute is basic and unambiguous.
    On the cautious scrutiny from the language used in paragraph three of your notification dated
    21.01.2000, it is actually challenging to maintain which the said notification is ambiguous or susceptible to two sights of interpretations.

    The language currently being basic and clear, it doesn’t confess of two different interpretations.

    29. With this regard, we may perhaps state which the round dated fifteen.04.1994 was ambiguous and, as a result, as long as it absolutely was in Procedure and relevant perhaps doctrine of contemporanea exposition might be taken assist of for its applicability.
    It is absolutely distinct that the benefit and gain was provided beneath the circular rather than underneath
    the notification dated 07.03.1994, which was
    lucid and couched in various terms. The round obtaining been withdrawn, the rivalry of
    contemporanea exposition isn’t going to commend acceptation and must be repelled and
    we do so. We hold that it will surely not use to your notification dated 21.01.2000.

    30. In perspective of the aforesaid Assessment, we don’t come across any benefit in the moment appeal and precisely the same is, accordingly, dismissed.
    There shall be no order as to expenses.

    Civil Attractiveness No. 6136 of 2013

    31. In check out from the judgment handed in Civil Charm No.

    102 of 2010, this attractiveness also stands dismissed.
    There shall be no purchase regarding prices.

    The Appellant will be the Fourth defendant in O.S.
    No. 666 of 2001 submitted by her brother Sri A. V. Venkataraman for partition and allotment of the share of 6/20 in the house
    while in the Court of Extra Subordinate Choose, Chengalpattu.
    Defendants No. one to 3 tend to be the sisters with
    the Appellant. It had been averred in the plaint the accommodate residence was an ancestral property
    inherited by the father of the Plaintiff, Sri A.V.
    Venkataraman, by a partition deed dated 27.04.1954. Sri A.V.

    Venkataraman died in 1961 leaving his wife Smt. A.V.

    Rathnabai, the Plaintiff and the defendants.

    According to the Plaintiff he was entitled to some share of 6/20, the Second and
    Fourth defendants 6/twenty share Each and every and
    Initial and 3rd defendants one/twenty share Every single
    from the match house. Part 29 A on the Hindu Succession (Tamil
    Nadu Amendment) Act, 1989 was inserted w.e.f. 15.03.1989 by
    which the daughter of a coparcener shall by
    beginning grew to become a coparcener in her individual proper
    in precisely the same method as a son and was specified precisely the same legal rights during the coparcenery house which the son had.
    Defendants one and three married prior to the amendment and so they
    were entitled to 1/twenty share. The Appellant married
    after the Modification and Defendant No.two didn’t marry as she was paralyzed in a collision on account of which they have been entitled to six/20 share.

    The Appellant filed a penned statement boasting a share of 36/ninety.

    two. The Additional Sub Judge, Chengalpattu by his judgment
    dated 27.07.2004 decreed the match Keeping the Plaintiff, the next Defendant
    plus the Fourth defendant (Appellant) ended up entitled to a share of 6/20 Each and
    every and First and Third defendants were entitled to
    your share of 1/20 each within the accommodate property.
    The Appellant most well-liked A.S. No. 39 of 2006 by which she mentioned which
    the Plaintiff omitted other properties which ended up
    readily available for partition and the fit for partial partition was negative in legislation. The Principal District Choose,
    Chengalpattu dismissed A. S. No.39 of 2006 by a judgment dated twenty.eleven.2006.
    The Appellant approached the Large Courtroom of Judicature
    at Madras by filing 2nd Appeal No.1168 of 2007 which was also
    dismissed on 01.11.2007.

    3. Aggrieved via the judgment of the Higher Court docket, the Appellant
    submitted Civil Attraction No. 5053 of 2009 which was allowed by this
    Court by a judgment dated 03.08.2009. This Courtroom examined the scope of Section 29 A of the Hindu Succession (Tamil Nadu Modification) Act, 1989 and held which the daughters who received married immediately after 1989 would’ve equivalent share as that of
    a son. After a vital evaluation of your registered deed of partition, this
    Courtroom held that each one the immovable Houses inherited by Sri A.V.

    Venkataraman were not A part of the fit agenda.
    Lastly, this Court docket remitted the matter on the Demo Court docket for The key reason why that
    all the Qualities which were inherited because of the Appellants father by
    virtue in the registered deed of partition dated 27.04.1954 weren’t A
    part of the accommodate timetable.

    4. The Additional Subordinate Decide, Chengalpattu by his judgment dated 08.09.2010 passed a preliminary decree Keeping the Appellant
    is entitled to one/four share of the suit property(house) and which the Plaintiff is entitled to
    remaining 3/4 share. The above mentioned judgment was handed because of the Trial
    Court on re-evaluation of the fabric on history just after acquiring that there was no documentary proof of availability of any more belongings for partition. It is actually appropriate to
    say that the original Plaintiff, A. V.

    Anantharaman, died on 20.04.2010 through the pendency of
    O.S. No. 666 of 2001. Respondents No. one, 2 and three herein ended up brought on history as LRs of the first Plaintiff
    on 21.07.2010 as Plaintiffs No. 2, three and 4.

    five. Appeal Accommodate No. 3 of 2011 was filed by Respondents No.
    4 and 5 herein who are Defendants 1 and 3 in O.S.
    No.666 of 2001 and Charm Match No.9 of 2013 was submitted from the Appellant herein within the Court of Principal District
    Decide, Chengalpattu, assailing the judgment of
    the extra Subordinate Choose, Chengalpattu in O.
    S. 666 of 2001 dated 08.09.2010. The Principal District Choose, Chengalpattu permitted both equally the appeals,
    set aside the judgment and decree passed by the Additional Subordinate
    Choose, Chengalpattu in O.S. No.666 of 2001 dated 08.09.2010 and remitted the issue back
    on the Trial Courtroom. It was held in the above
    judgment the Instructions provided by this Courtroom in Civil Attractiveness No.5053 of 2009 were
    not complied with because of the Demo Court as all the properties that were inherited by Sri A.V.
    Venkataraman by the partition deed dated 27.04.1954 were not included in the partition accommodate.

    six. C.M.A. Nos. 3041 of 2014 and 3042 of 2014 were submitted by Respondents No.
    1 and 2 herein (Plaintiffs No. two and three from the fit) and
    C.M.A. Nos.3043 of 2014 and 3044 of 2014 were being filed by Respondents No.
    4 and five herein (Defendants No. 1 and 3 while in the suit) in the
    High Court of Judicature at Madras hard the judgment dated 09.07.2014 in a very.
    S. three of 2011 along with a.

    S. No. 9 of 2013. The Large Court permitted the CMAs, put aside the judgment and decree
    of the primary Appellate Courtroom and granted a preliminary decree inside the fit for
    partition by declaring which the Plaintiffs had been entitled for 5/8 share jointly and Defendants one, three and 4 were being entitled to 1/eight share in the fit property residence.
    Aggrieved through the explained judgment of the Significant Court, the Appellant has submitted the above
    Civil Appeals.

    seven. The Appellant appeared in human being and submitted which the
    getting recorded through the Superior Court that there was no direction via the Supreme Court docket to
    incorporate other properties within the accommodate plan to enable the get-togethers to claim
    their share is faulty. She also submitted the Higher Court docket was Improper in its getting this Courtroom although remanding Civil Attraction No.5053 of 2009 only granted liberty to amend the pleadings, file extra paperwork and to lead even more evidence
    in aid of your amended pleadings.

    The Appellant also submitted that the judgment of the main Appellate Court was wrongly
    reversed via the Significant Court docket on the mis-interpretation of the remand buy handed by this Court in Civil
    Attractiveness No.5053 of 2009. The Appellant
    further submitted that another findings on other factors by the
    High Court docket were being unwarranted.

    The Appellant also submitted that the declaration inside the impugned judgment in the High Court the Appellant is entitled
    to 1/eight share is erroneous. Mr. V.M. Venkatramana,
    uncovered Counsel, appearing for Respondents 1 and
    2 submitted that aside from the ancestral assets there are no other Qualities that were obtainable for partition. He further more submitted that
    two plots i.e. Plot 2 and 3 at 185, Adyarthankal were obtained underneath the
    Land Acquisition Act in 1956. He also supported the judgment from
    the High Court, which As outlined by him,
    isn’t going to put up with any infirmity.

    eight. The only level to generally be made a decision In such a case is
    whether or not the Substantial Court docket was ideal in interfering Using the judgment in the Decreased Appellate Court docket by which
    the suit was remanded to your Trial Courtroom.
    As stated earlier, this Court docket in its judgment dated 03.08.2009
    in Civil Attractiveness No.5053 of 2009 has categorically held that all the properties which were inherited by Sri A.V.

    Venkataraman by virtue of a registered deed of partition dated 27.04.1954 have not been included in the go well with schedule.
    This Courtroom Evidently held inside the claimed judgment that Yet another floor for remand was which the Appellant has
    taken a consistent stand from the beginning the accommodate for partial partition was terrible in law.

    Inside our view, the main Appellate Court docket was correct in remitting
    the make a difference to the Trial Court docket to
    take into consideration the opposite Qualities which ended up inherited because of the Appellants father, Sri A.
    V.

    Venkataraman, by advantage from the registered deed of partition dated 27.04.1954.
    The Higher Court docket dedicated an mistake in holding that there was no course provided by this Courtroom for such
    as the other Homes during the accommodate timetable.
    The Substantial Court held that the sole route provided
    by this Court docket whilst remitting back again for
    the Demo Courtroom was to present a possibility on the functions to amend their respective pleadings, file supplemental
    documents and to guide even further proof in assist from the amended pleadings.
    The Significant Court was Incorrect in ignoring paragraph 33 on the judgment wherein it had been Evidently held by this Court docket the remand
    was warranted in check out with the grounds talked about therein.
    One of several grounds was that every one the properties
    that were inherited from the Appellants father, Sri A.V.
    Venkataraman, weren’t A part of the suit timetable.

    nine. As Now we have held the Substantial Court docket mis-interpreted the judgment of the Court in Civil Charm No.5053 of
    2009, we set aside the judgment in the Large Court and uphold the judgment of the primary Appellate
    Courtroom in the.

    S. No.three of 2011 and 9 of 2013. The Trial Court docket is directed to take into account the issue
    strictly in accordance Together with the directions of this Courtroom in Civil
    Charm No.5053 of 2009 and decide expeditiously in see of your accommodate becoming with the year 2001.

    ten. For the aforementioned reasons, the Civil Appeals are allowed.
    No orders as to expenditures.

    The small problem involved in this attraction is:
    whether the Substantial Court was justified in directing keep with the disciplinary proceedings initiated with
    the appellant-Lender towards the respondent until eventually the closure of recording of prosecution evidence while
    in the legal case instituted in opposition to the respondent, according to exactly the same points?

    2. The respondent was appointed while in the clerical cadre of the appellant- Financial institution. In the relevant
    time, she was Operating being an Assistant (Clearing).

    Allegedly, some time on 29th Could 2006, the respondent by
    her functions of commission and omission brought about loss
    for the Lender in the sum of Rs.

    forty four,forty,819/- by granting credit history to 1 Laxman Parsad Ratre (who was
    an employee of Bhilai Metal Plant). The respondent herself introduced Laxman Parsad Ratre to open up an account inside the appellant Bank.
    On seventh November 2006, the respondent was
    placed below suspension for indulging in gross irregularities and misconduct including of misplacing the clearing instruments regarding several
    shoppers. The respondent vide letter dated 8th November 2006, not just admitted her misdeeds
    but assured the Main Supervisor of returning the amount commensurate
    on the financial reduction caused for the Lender
    due to her lapses on the earliest, failing which
    suited motion can progress towards her. The stated communication reads thus:

    To, Main Manager Point out Lender of India Main Department,
    Durg (Ch.G.) Sir, Context :- Your memo amount “ Serial amount/department/2006 “
    07/196 dated thirty.ten.2006.

    In context within your aforesaid memo I am sorry for the incorrect
    techniques adopted by me. I confess that I’ve accomplished a Improper deed And that i am suffering from the feeling of guilt.

    No matter what total is available in this context which i will attempt to pay
    as early as possible right after acquiring the amount from your identified resources.

    At present I am able to organize Rs. sixty,000/- and I
    am depositing the exact same.

    By mortgaging the family members movable and immovable property,
    arrangement for obtaining the quantity, imagined and efforts are continued for producing these kinds of arrangement as early as is possible.
    For the reason that this is effective get time, I really should be provided correct
    time and energy to go even more in effort and hard work and to finish the perform of home finance
    loan.

    Our relatives remaining close by and far-off and
    in other states, with them my Get in touch with is ongoing and arrangement for the quantity is ongoing.

    This do the job is usually getting time. For that reason to carry on my effort
    appropriate time for you to be given to me.

    Level of my C.P.File and income is to be used for compensating this quantity.
    I will keep on informing you regarding my each and every effort and hard work and can deposit The cash been given in checking account.

    I’ve performed this perform in mental strain and due to pressure of
    situation for which my heart is feeling sorry
    that I have utilized all Incorrect methods and suggests.

    I’ve two compact young children, wife and aged and sick mother and
    father, thinking about all this give me
    a possibility to deposit the amount received from my
    aforesaid efforts for which I will be grateful to you personally for
    my whole life. I have not taken this type of Erroneous stage
    in fourteen decades of my lender provider but this step I’ve taken because of psychological stress and situation. By offering me apology, good time to accomplish my attempts.

    I assure you that I will not dedicate this kind
    of mistake in future.

    If I fall short in the above initiatives, you will be
    impartial for initiating proceedings on me.

    Thanking you Dated :- eight.11.06 Sd/- (Neelam Nag) Senior Assistant

    three. Yet, a FIR was lodged in connection with the mentioned irregularities
    and misdeeds dedicated because of the respondent bearing FIR No.1043/2006, for offences punishable underneath Sections 409, 34 with
    the IPC by appellant-Lender. Laxman Parsad Ratre has also been named being an accused
    inside the stated FIR. It is alleged from the FIR that Laxman Parsad Ratre who had account in Point out Bank of India issued two cheques in favour of Tanishk
    Securities both valued Rs.6,50,000/-, recognizing that he didn’t have stability
    in his account. People cheques were deposited by Tanishk Securities
    within their U.T.I. Branch Bhilai for clearance. U.T.I.

    Department dispatched These cheques to Point out Bank of India at
    Durg, Bhilai. The respondent was posted in that Branch on the relevant time, who in connivance With all the co-accused dispatched those cheques to Point out
    Bank of India, Malviya Nagar Department Although Laxman Parsad Ratre did not have account in that Department.
    The cheques ended up returned by that Branch. The respondent intentionally didn’t right away
    return those cheques to U.T.I. Branch at Bhilai.

    Resultantly, U.T.I. Department at Bhilai as per the settled observe assumed
    that the cheques happen to be cleared and launched the
    payment to Tanishk Securities, by endorsing payment while in the identify of Point out Financial institution of
    India. Thus leading to a lack of Rs. thirteen lakhs to
    Point out Bank of India. Which was exposed only on 28.ten.2006 all through reconciliation of accounts of
    The 2 Banking institutions. Further more, the respondent herself had
    released Laxman Parsad Ratre for opening an account while in the appellant-Lender.
    She has admitted her lapse from the communication despatched by her into the Main Supervisor
    from the appellant-Financial institution dated 8th November, 2006.
    Inside a written admission provided on sixth November,
    2006 Laxman Parsad Ratre outlined that he was involved with a legal exercise in connivance Using
    the respondent. The FIR has actually been registered for offence of
    probable lack of Rs. 29,53,262/-.

    4. After registration on the FIR, the local law enforcement proceeded
    Together with the investigation and filed charge-sheet No.
    63/2007, below Section 173 on the Prison Treatment Code, on 6th February, 2007, before the Justice of the peace.

    Criminal Criticism No. 1043/2006 was registered for offences
    punishable underneath Sections 409, 34 of IPC. The competent Court then proceeded to body charges versus the respondent on 12th June 2007.

    Thereafter, on 7th April, 2008, the appellants, by appellant
    No.2, known as on the respondent to offer an explanation regarding the alleged irregularities and misdeeds committed by her.
    The respondent vide conversation dated 15th April, 2008 only denied all the allegations.
    The Capable Authority, thus, chose to initiate departmental enquiry in opposition to the respondent,
    for which, charge-sheet dated nineteenth September, 2008 was issued for the respondent, which reads Therefore:

    Shri Neelam Nag, Senior Assistant (Suspended) Indian State financial institution Bhilai Metal Plant Place Branch Bhilai Sr.

    No. Ankara/Spot three/ Anushansha / 820 19th Sep, 2008 Demand sheet I while in the ability of disciplinary authority cost pursuing prices on you You’ve committed pursuing
    miscalculation in the course of working in Durg Branch.

    You’ve presented identification to Lachhman Parsad
    Ratre for opening the account thereafter as a result of this account by way of accounts you’ve got handle the operation in the Fund of other
    administrative accounts.

    By way of saving account no. 01119-0021348 two cheques bearing no.

    463553 and 4635554 which is amounting to Rs.
    six,fifty,00.00 Each and every in favour of Tanishk Securities on 29.5.2006 which was due Durg Branch.

    Which was submitted by U.T.I. Lender for adjustment, as a result of not
    insufficient amount in Durg Department in place of returning to Bhilai Department intentionally for building the stability of adjustment has transfer to Malviya
    Nagar Durg Branch with responding.

    Two cheque bearing no. 4635553 and 463554 Each and every amounting to Rs.

    sixty five,0000/- which have been as a result of Durg Branch, Malviya Nagar Department experienced returned with T.R.

    on 31.5.2006, which should have return by you to move
    Branch Bililai with none continuing, however , you intentionally continue to keep it along with you.

    The above mentioned incident detail (facts come in light)
    on 28.ten.2006 held branch clearing of the overall account in clearing it clarify that in Udhavi program
    07 Rupees 13,00,000 entries which was originate by Malviya Nagar Durg Branch,
    it wasn’t responded by Durg Department.

    You had connected with Tanishk Securities commodity trading and you simply by misusing the level
    of Chattisgarh Condition Electricity division bought deposit in the account of
    Shri Lachhman Parsad Ratre. You might have eliminated the initial slip of deposit
    of the account of chattisgarh Point out Energy division and instead of it
    install the slip of Shri Amount preserving banking account hence the dealing and clearing on the
    preserving checking account which has dedicated by you, the
    entire element is clear and enclosed in Annexure “ two.

    Thus you Along with the intention of cheating you have got
    divert the total quantity of Rs. 48,0000 of 16
    challan of Condition Govt. on 4.5.2006 (Annexure two(11)).

    The Head Branch Bhilai by means of clearing home has shut to post owing
    cheque in Durg Department, there once the cheque of varied
    lender located at Bhilai which has deposited in Durg Department need to introduced for assortment,
    you altering the deposit slip of Chattisgarh
    Point out Electrical power Division recent account planning the deposit
    slip of Lachhman Ratre has improved.

    For that reason the FDR of recent of Chattisgarh Condition Electric power division has misused (Annexure 2 (12)).

    On 9th August, 2006 Chattisgarh Point out Energy divisions has deposited two cheque
    total amounting to Rs. 125916/- of other banking institutions for deposit in their latest account you by
    switching the slip. As a result of reference on exactly the same day cheque no.
    463549 amounting to Rs. 125916 I.D.B.I. Department Bhilai has submitted these cheque in Durg Branch which was while in the saving
    checking account of Shri Ratre, as a result of not owning insufficient fund within the account of Shri Ratre
    returned but the above cheque as a result of clearing by
    not returning but by you during the deposit of clearing
    scroll and transfer equally side with cunning make harmony.
    Consequently you by not returning the cheque intentionally with dishonest has
    tampered The existing account cheque of Chattisgarh State Energy division.

    Therefore with very well system way the amounting to Rs.
    4440891 has deposit within the pretend of account of Shri
    Level and misuse the above volume and correct in commodity industry.
    It obvious depth is enclosed in Annexure 1 amount of witnesses examined to date;
    as well as the induce for delay from the completion of trial.
    The Condition of Chhattisgarh has filed an affidavit of the Additional Superintendent of Police dated 1st August 2016.
    From this affidavit, it’s noticed the prison trial No.1043/2006 just before framing of cost on 12th June 2007, was listed on 13 dates.
    Following framing of demand, the subject has proceeded ahead of the Periods Court on 133 dates.
    In paragraph nine to eleven of your affidavit, the crack up has actually been offered as under:

    9. It is actually even more respectfully submitted that the perusal of Court docket proceedings of 133 dates reveal which
    the hold off in completion of trial was because of a number of causes.

    It is submitted that on some dates, the situation was
    adjourned because of absence of accused individuals.
    On some dates, the case was adjourned since the prosecutor was absent.
    The situation was also adjourned as a result of non-availability of documents as it absolutely was
    sent for the Classes Courtroom for selecting the Bail Application u/s 439
    CrPC. The case was also adjourned on the applying produced by the accused persons to generate out there some
    documents.

    The case was also adjourned resulting from Ld. Presiding Officer on go
    away, the transfer of Presiding Officer, the alter of Court.
    The situation was also adjourned as a consequence of strike because of the Legal professionals
    or because of Courtroom getaway. While in the
    gist of dates on which the case was detailed prior to the Ld.

    Demo Court docket, are as follows:

    S.No. Particulars (Reason for Hold off) Dates one. Accused Laxman Ratre not
    existing 06 2. Accused Neelam Nag not existing fourteen 3.
    Prosecution witnesses not present 10 four.
    Accused individuals not present 05 five. ADPO not existing 23 six.
    Files 07 seven. Arguments 05 eight. Application for bail 07 nine.

    Getting of demand from customers letter 06 10. Scenario Diary
    despatched into the Justice of the peace 05 11. Acquiring of Diary 04 12.

    Courtroom holiday break 03 13. Strike of Advocates 02
    14. Services of duplicate of the situation 01 15. Adjust of prices 01 sixteen. Time sought with the Advocates of accused 01 folks 17.
    Presiding Officer on leave 05 18. Transfer of Presiding Officer 03 19.
    Reply 04 twenty. Holding current standing 04 21. Proof 10 22.
    Situation sent to copying Section 03 23. Issuance of instruction relating to scenario 01 hand-more than 24.
    Acquiring of situation on transfer 01 25. Framing of rates 01 26.
    Purchase 01 133 Times TOTAL=

    10. It is further more submitted which the perusal from the Court docket proceedings reveal the
    dates on which, the prosecution witness were existing and the
    outcome on that date :

    thirty.06.2007 Prosecution witnesses Pleasure C.
    Aryakara and Pushpkala current in Court, however, Because the issue was preset for 02.07.2007, they were being asked to come all over again on that date.

    02.07.2007 The above mentioned 2 prosecution witnesses had
    been current, nevertheless, they could not examined as a consequence of
    non-availability of scenario diary and seized files.

    18.07.2008 prosecution witness Pushpkala present
    in Court docket however, she couldn’t be examined since the Ld.
    Presiding Officer was on leave.

    09.03.2009 Prosecution witness Pushpkala current in Courtroom nevertheless, she could not be examined.

    08.ten.2010 Prosecution witnesses Pleasure C. Aryakara and Ms.
    Pushpkala present in Courtroom, even so, they might not be
    examined due to the fact co-accused Laxman Ratre was not present nor any advocate appeared on his
    behalf.

    22.07.2011 Prosecution witness Pushpkala was examined Prosecution witness
    Joy C. Aryakara also existing in Court however,
    the defence refused to cross- examine on the bottom of non-availability of certain lender paperwork.
    This prosecution witness was for that reason couldn’t
    be cross-examined.

    fifteen.09.2011 prosecution witness K.G. Goswami existing in Courtroom
    nevertheless, the examination couldn’t occur because of absence of accused /
    respondent No.1 Neelam Nag.

    24.09.2011 Prosecution witnesses KG. Goswami and N.
    Chandrashekhar existing in Courtroom. The co-accused Laxman Ratre is
    absent. Witness N. Chandrashekhar could not be examined resulting from non-availability of some paperwork.

    04.eleven.2011 Witness N. Chandrashekhar present.
    The examination couldn’t occur resulting from non-availability of particular documents.

    01.09.2012 Prosecution witness A.S. Jitendra current
    in Courtroom. The accused / Respondent No.one Neelam Nag was absent,
    nevertheless, in the request of his Counsel, the examination of prosecution witness was deferred.

    03.09.2015 Prosecution witness Ramesh Kumar current in Court.
    The accused Neelam Nag was absent. Examination of witness did not happen.

    02.11.2015 Prosecution witness Ramesh Kumar Current. The accused Neelam Nag was absent.
    Examination of witness didn’t take place.

    eleven. It is submitted that three prosecution witnesses
    are actually examined. The delay in completion of trial is due to factors mentioned in the above mentioned paras.
    Relying on these information, the appellants contend that no further more indulgence can be revealed to your respondent along
    with the security offered towards the respondent with the Higher Courtroom ought to be vacated preserving in mind the exposition in the above mentioned described noted choice.
    As regards the argument on the respondent which the disciplinary proceedings have to be suspended in watch of Clause four
    with the Memorandum of Settlement dated 10th April 2002, arrived at via the Administration of fifty two A category Banks as
    represented by the Indian Banks Association and their workmen below Part two(p) and
    Section 18(one) of the commercial Disputes Act,

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