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COMMERCIAL TAXES OFFICER v. M/S. RAJASTHAN TRADE AGENTS DIRECTOR

Supreme Court of India | Diary 10025/2013

Status

ROP - of Main Case

Decided On

02-05-2022

Bench

HON'BLE MR. JUSTICE S. RAVINDRA BHAT and HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

COMMERCIAL TAXES OFFICER

Respondent

M/S. RAJASTHAN TRADE AGENTS DIRECTOR

Primary Holding

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Full Judgment Text

ITEM NO.5 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. AVANI PAL SINGH Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List only Civil Appeal Nos. 3756, 3943, 3944, 3957, 8040, 8041, 8042 & 8043 of 2018 for pre-final hearing. ) WITH C.A. No. 8043/2018 (XV) C.A. No. 3957/2018 (XV) C.A. No. 8041/2018 (XV) C.A. No. 3944/2018 (XV) C.A. No. 8042/2018 (XV) C.A. No. 8040/2018 (XV) C.A. No. 3943/2018 (XV) C.A. No. 3756/2018 (XV) Date : 02-05-2022 These appeals were called on for hearing today. For Appellant(s) Mr S Sukumaran, Adv. Mr Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR Mr. Gautam Das, AOR Mr Abhishek Maratha, Adv. Mr Dhirendra Ku Jha, Adv. Mr Manoj Kumar, Adv. Mr C.M.Gopal, Adv. Mr Tarun Kant Samantray, Adv. Mr Binod Kumar, Adv. Ms Nupur Sharma, Adv. For Respondent(s) Mr. Milind Kumar, AOR Contd....

-2- UPON hearing the counsel, the Court made the following O R D E R C.A. No. 1124-1125/2013 Complete category matter. C.A. Nos.8043, 3957, 8041, 3944, 8042, 8040, 3943, 3756 of 2018 Ld. counsel for the appellant in all the matters submits that the sole respondent is duly represented and they have filed their affidavit of valuation and ad valorem court fee in terms of order dt.14.11.2019 and 4.3.2020, respectively. Parties have not filed statement of case and time has expired. Registry to process the matters for listing before the Hon'ble Court as per rules. AVANI PAL SINGH Registrar

ITEM NO.1713 COURT NO.15 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List office report on default in Civil Appeal No. 2820-2822/2018 only.) WITH C.A. No. 2820-2822/2018 (XV) Date : 18-04-2022 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR [IN CHAMBER] For Appellant(s) Mr. S.Sukumaran, Adv. Mr. Anand Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Mr. Rishabh Sancheti, Adv. Mr. Anchit Bhandari, Adv. Mr. K. Paari Vendhan, AOR Ms. Meera Mathur, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Affidavit of valuation, alongwith payment of ad valorem court fee, has been filed by the counsel for the petitioner. In the said circumstances, the Registry shall process the matter for listing it before the appropriate bench. (GINNY MEHTA) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.1713 COURT NO.3 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List office report on default in Civil Appeal Nos. 3757/2018 and 2820-2822/2018 only. ) WITH C.A. No. 3757/2018 (XV) ) C.A. No. 2820-2822/2018 (XV) ) Date : 04-04-2022 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA [IN CHAMBER] For Appellant(s) Ms. Meera Mathur, AOR Mr. Gautam Das, AOR Mr. K. Paari Vendhan, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R C.A. No. 3757 of 2018. Affidavit of valuation and affidavit of court fee has been filed by the counsel for the appellant. Therefore, the registry to process the appeal. C.A. No. 2820-2822 of 2018. Time of two weeks is granted to file affidavit of valuation and affidavit of court fee. Time of two weeks is also granted to file statements of case. (AMAN SHARMA) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION IA No. 91351 of 2021 in CIVIL APPEAL NO. 3941 of 2018 M/S. BRIJ LAL PAWAN KUMAR THRU. IT PROPERITOR Appellant(s) VERSUS THE C.T.O. Respondent(s) WITH IA NO. 91347 OF 2021 IN CIVIL APPEAL NO.3942 OF 2018 WITH IA No.85883 of 2021 in CIVIL APPEAL NO. 2358 of 2018 WITH IA NO. 85810 OF 2021 IN CIVIL APPEAL NO.2359 OF 2018 O R D E R Heard Mr. Vinay Kothari and Mr. Gautam Das , learned counsel for the appellants. Applications have been filed seeking withdrawal of the present Appeals under the “Amnesty Scheme-2021” by the appellants. In view of the submissions made by the learned counsel for appellants, the applications for withdrawal are allowed and the Civil Appeals stand disposed of as withdrawn. .....................J. [ B.V. NAGARATHNA ] NEW DELHI; February 21, 2022.

2 ITEM NO.1705 Court 12 (Video Conferencing) SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List only IA Nos. 85883, 85810, 91351 and 91347 of 2021 Application for withdrawal in CA No. 2358, 2359, 3941 and 3942 of 2018 respectively ) WITH C.A. No. 3941/2018 (XV) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 91351/2021 IA No. 91351/2021 - WITHDRAWAL OF CASE / APPLICATION) C.A. No. 3942/2018 (XV) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 91347/2021 IA No. 91347/2021 - WITHDRAWAL OF CASE / APPLICATION) C.A. No. 2358/2018 (XV) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 85883/2021 IA No. 85883/2021 - WITHDRAWAL OF CASE / APPLICATION) C.A. No. 2359/2018 (XV) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 85810/2021 IA No. 85810/2021 - WITHDRAWAL OF CASE / APPLICATION) Date : 21-02-2022 These appeals were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA [IN CHAMBER] For Appellant(s) Mr. Abhisek Maratha, Adv. Mr. Gautam Das, AOR Dr. Akash Kaushik, Adv. Mr. C.M. Gopal, Adv. Mr. Dhirendra Jha, Adv. Mr. Lalit Rana, Adv. Ms. Vandana Miglani Bebarta, Adv. Ms. Smita Samantaray, Adv. Mr. Sunil Kumar Sethi, Adv. Mr. Abanikanta Sahu, Adv. Mr. Jayender S. Chandail, Adv. Mr. Sanyat Lodha, Adv. Mr. Vinay Kothari, Adv. Ms. Sanjana Saddy, Adv.

3 Ms. Garima Bajaj, AOR Mr. S. Sukumaran, Adv. Mr. Anand Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R IA No. 91351 Of 2021 In Civil Appeal No. 3941 Of 2018, IA No. 91347 Of 2021 In Civil Appeal No.3942 Of 2018, IA No.85883 Of 2021 In Civil Appeal No. 2358 Of 2018 and IA No. 85810 of 2021 in Civil Appeal No.2359 of 2018 are allowed and the Civil Appeals stand disposed of as withdrawn, as per the signed order. (JATINDER KAUR) (NIDHI BHARDWAJ) SENIOR PERSONAL ASSISTANT BRANCH OFFICER [Signed order is placed on the file]

1 ITEM NO.8 COURT NO.16 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) WITH C.A. No. 2820-2822/2018 (XV) C.A. No. 2358/2018 (XV) C.A. No. 2359/2018 (XV) C.A. No. 3757/2018 (XV) C.A. No. 3943/2018 (XV) C.A. No. 3756/2018 (XV) C.A. No. 3944/2018 (XV) C.A. No. 3957/2018 (XV) C.A. No. 3942/2018 (XV) C.A. No. 3941/2018 (XV) Date : 04-03-2020 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY [IN CHAMBER] For Appellant(s) Mr.Anand Sukumaran,Adv. Mr.S.Sukumaran,Adv. Mr.Bhupesh Kumar Pathak,Adv. Ms. Meera Mathur, AOR Mr.Abhishek Maratha,Adv. Mr. Gautam Das, AOR

2 Mr.Sanyat Lodha,Adv. Mr.Deepak Joshi,Adv. Ms. Garima Bajaj, AOR Mr.Rishabh Sancheti,Adv. Mr.Anchit Bhandari,Adv. Mr. K. Paari Vendhan, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Having regard to the office report dated 28 th February,2020, learned counsel appearing for the appellants prays for and are granted three weeks’ time to file the affidavit of valuation and ad-valorem court fee in all matters except main matter. (SUSHMA KUMARI BAJAJ) ( KAMLESH RAWAT ) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.7 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. ETC. ETC. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) WITH C.A. No. 2820-2822/2018 (XV) ) C.A. No. 2358/2018 (XV) ) C.A. No. 2359/2018 (XV) ) C.A. No. 8042/2018 (XV) ) C.A. No. 8043/2018 (XV) ) C.A. No. 8041/2018 (XV) ) C.A. No. 8040/2018 (XV) ) C.A. No. 3757/2018 (XV) (f) C.A. No. 3943/2018 (XV) ) C.A. No. 3756/2018 (XV) ) C.A. No. 3944/2018 (XV) ) C.A. No. 3957/2018 (XV) ) C.A. No. 3942/2018 (XV) ) C.A. No. 3941/2018 (XV) ) Date : 14-11-2019 These appeals were called on for hearing today.

-2- Item no.7 For Appellant(s) Mr Rishabh Sancheti, Adv. Mr Anchit Bhandari, Adv. Mr. K. Paari Vendhan, AOR Mr S Sukumaran, Adv. Ms. Meera Mathur, AOR Mr Abhishek M, Adv. Ms Nupur Sharma, Adv. Mr. Gautam Das, AOR Mr Sanyat Lodha, Adv. Ms. Garima Bajaj, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R All matters Sole respondent is duly represented. Ld. Counsel for the appellant in C.A. Nos.3756, 3757, 2820-2822, 2358, 2359, 3941,3942, 3944, 3943 and 3957 of 2018 is granted four weeks time as last opportunity for filing affidavit of valuation and ad valorem court fee. If affidavit of valuation and ad valorem court fee is not filed within four weeks time, registry to process the matter as per rules for listing before the Hon'ble Judge in Chamber for orders. If affidavit of valuation and ad valorem court fee is filed within four weeks time, process as per rules and list again on 24.1.2020. ANIL LAXMAN PANSARE Registrar

ITEM NO.4 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) WITH C.A. No. 2820-2822/2018 (XV) ) C.A. No. 2358/2018 (XV) ) C.A. No. 2359/2018 (XV) ) C.A. No. 8042/2018 (XV) (FOR ADMISSION and I.R. and IA No.60116/2018-EXEMPTION FROM FILING O.T. and IA No.60114/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8043/2018 (XV) (FOR ADMISSION and I.R. and IA No.60144/2018-EXEMPTION FROM FILING O.T. and IA No.60143/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8041/2018 (XV) (FOR ADMISSION and I.R. and IA No.60135/2018-EXEMPTION FROM FILING O.T. and IA No.60134/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8040/2018 (XV) ) C.A. No. 3757/2018 (XV) (prayer for interim relief) C.A. No. 3943/2018 (XV) ) C.A. No. 3756/2018 (XV) (prayer for interim relief) C.A. No. 3944/2018 (XV) ([ TO BE TAKEN UP ALONGWITH ITEM NO. 5 I.E. SLP(C)NO.9226/2018 ]) C.A. No. 3957/2018 (XV) (prayer for interim relief ) C.A. No. 3942/2018 (XV) (FOR ADMISSION and I.R. and IA No.51248/2018-EXEMPTION FROM FILING O.T.) C.A. No. 3941/2018 (XV) (FOR ADMISSION and I.R. and IA No.51101/2018-EXEMPTION FROM FILING O.T.) Date : 08-08-2019 These appeals were called on for hearing today.

-2- Item no.4 For Appellant(s) Mr. Gautam Das, AOR Mr Mrigank Prabhakar, Adv. Mr Sanyat Lodha, Adv. Ms. Garima Bajaj, AOR Mr Rishabh Sancheti, Adv. Mr. K. Paari Vendhan, AOR Mr Anand Sukumar, Adv. Ms. Meera Mathur, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R All matters Sole respondent in all matters is duly represented. Ld. Counsel for the appellant is granted four weeks time for filing affidavit of valuation and ad valorem court fee in C.A. No.3756, 3757, 2820-2822, 2358, 2359, 3941, 3942, 3944, 3943 and 3957 of 2018. Affidavit of valuation be filed in terms of Order XIX, Rule 3, Supreme Court Rules, 2013. Statement of case has not been filed and time has expired. List again on 13.11.2019. ANIL LAXMAN PANSARE Registrar

1 ITEM NO.2 COURT NO.10 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (only prayer for interim relief to be listed in C.A. Nos. 3756 and 3757 of 2018 ) WITH C.A. No. 3757/2018 (XV) (prayer for interim relief) C.A. No. 3756/2018 (XV) (prayer for interim relief) Date : 22-07-2019 These appeals were called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDIRA BANERJEE For Appellant(s) Mr. Anand Sukumar, Adv. Mr. S. Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR Mr. Abhishek Maratha, Adv. Ms. Nupur Sharma, Adv. Mr. Gautam Das, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R C.A. No. 3757/2018, C.A. No. 3756/2018 In these appeals, service is complete.

2 Learned counsel appearing on behalf of the appellant has placed on the record a copy of the order dated 3 August 2018 in SLP(C) No.12540 of 2018 by a three-judge Bench of this Court. In that order, the demand raised by the Commercial Taxes Officer pertaining to the same assessee for another assessment year has been stayed, subject to the condition that solvent security equivalent to the demand is furnished by the appellant to the satisfaction of the assessing authority, if not already furnished. We accordingly issue an interim direction in similar terms. Compliance by the assessee, if not already done, will be done within four weeks. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER

ITEM NO.4 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) WITH C.A. No. 8042/2018 (XV) (FOR ADMISSION and I.R. and IA No.60116/2018-EXEMPTION FROM FILING O.T. and IA No.60114/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8043/2018 (XV) (FOR ADMISSION and I.R. and IA No.60144/2018-EXEMPTION FROM FILING O.T. and IA No.60143/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8041/2018 (XV) (FOR ADMISSION and I.R. and IA No.60135/2018-EXEMPTION FROM FILING O.T. and IA No.60134/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8040/2018 (XV) (FOR ADMISSION and I.R. and IA No.60133/2018-EXEMPTION FROM FILING O.T.) Date : 30-01-2019 These appeals were called on for hearing today. For Appellant(s) Mr Sukumaran, Adv. Ms. Meera Mathur, AOR Mr Sunil Kumar Singh, Adv. Ms Subasini Sethy, Adv. Mr Abhishek Maratha, Adv. Mr. Gautam Das, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R C.A. No. 1124-1125/2013 Complete matter.

-2- Item No.4 C.A. No. 8042, 8041, 8040 of 2018 Sole respondent has filed counter affidavit. C.A. No. 8043/2018 Sole respondent is duly represented. Ld. counsel for the appellant in all matters is granted four weeks time for filing affidavit of valuation and deficit court fee. List again on 6.3.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.15 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) WITH C.A. No. 8042/2018 (XV) (FOR ADMISSION and I.R. and IA No.60116/2018-EXEMPTION FROM FILING O.T. and IA No.60114/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8043/2018 (XV) (FOR ADMISSION and I.R. and IA No.60144/2018-EXEMPTION FROM FILING O.T. and IA No.60143/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8041/2018 (XV) (FOR ADMISSION and I.R. and IA No.60135/2018-EXEMPTION FROM FILING O.T. and IA No.60134/2018-CONDONATION OF DELAY IN REFILING) C.A. No. 8040/2018 (XV) (FOR ADMISSION and I.R. and IA No.60133/2018-EXEMPTION FROM FILING O.T.) Date : 11-12-2018 These appeals were called on for hearing today. For Appellant(s) Ms. Meera Mathur, AOR Mr Abhishek Maratha, Adv. Mr. Gautam Das, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Sole respondent in C.A. No. 8040, 8041 and 8042 of 2018 has filed counter affidavit.

-2- Item No.15 Sole respondent in C.A. No. 8043/2018 is duly represented. Ld. counsel for the appellant is granted four weeks time for filing affidavit of valuation and deficit court fee. Statement of case be filed within the stipulated period. C.A. No. 1124-1125/2013 Complete matter. List again on 30.1.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.2 COURT NO.5 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List only prayer for interim relief in C.A. Nos. 3756 & 3757 of 2018 ) WITH C.A. No. 3757/2018 (XV) (prayer for interim relief) C.A. No. 3756/2018 (XV) (prayer for interim relief) Date : 24-09-2018 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. S. Sukumaran, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR Mr. Abhishek Maratha, Adv. Mr. Gautam Das, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Civil Appeal No. 3756/2018 & Civil Appeal No. 3757/2018 : In view of the letter circulated by learned counsel for the respondent seeking time to file counter affidavit in both the matters, the matters stand adjourned by two weeks, as prayed. (SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR) AR-CUM-PS BRANCH OFFICER

1 ITEM NO.9 COURT NO.2 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12540/2018 (Arising out of impugned final judgment and order dated 18-12-2017 in SBCR No. 246/2014 passed by the High Court Of Judicature For Rajasthan At Jodhpur) M/S. JYOTI COTTON INDUSTRIES Petitioner(s) VERSUS THE ASST. COMMISSIONER COMMERCIAL TAXES Respondent(s) (FOR ADMISSION and I.R. and IA No.60133/2018-EXEMPTION FROM FILING O.T. ) WITH SLP(C) No. 12541/2018 (XV) (FOR ADMISSION and I.R. and IA No.60116/2018-EXEMPTION FROM FILING O.T. and IA No.60114/2018-CONDONATION OF DELAY IN REFILING) SLP(C) No. 12542/2018 (XV) (FOR ADMISSION and I.R. and IA No.60144/2018-EXEMPTION FROM FILING O.T. and IA No.60143/2018-CONDONATION OF DELAY IN REFILING) SLP(C) No. 12543/2018 (XV) (FOR ADMISSION and I.R. and IA No.60135/2018-EXEMPTION FROM FILING O.T. and IA No.60134/2018-CONDONATION OF DELAY IN REFILING) Date : 03-08-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Abhishek Maratha, Adv. Ms. Nupur Sharma, Adv. Mr. Gautam Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Applications for exemption from filing official translation is allowed. Leave granted.

2 Tag with Civil Appeal Nos.1124-1125 of 2013. The demand raised by the Commercial Taxes Officer is stayed subject to the condition that solvent security equivalent to the demand is furnished by the appellant to the satisfaction of the assessing authority, if already not furnished. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER

ITEM NO.1 COURT NO.5 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (List only prayer for interim relief in C.A. Nos. 3756 & 3757 of 2018) WITH C.A. No. 3757/2018 (XV) (prayer for interim relief) C.A. No. 3756/2018 (XV) (prayer for interim relief) Date : 27-07-2018 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Anand Sukumar, Adv. Mr. S. Sukumaran, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur, AOR Mr. Gautam Das, AOR For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Issue fresh notice, returnable in six weeks. (ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) COURT MASTER

ITEM NO.1 REGISTRAR COURT. 1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA IA u.146 in SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10380/2018 M/S. JYOTI COTTON INDUSTRIES Petitioner(s) VERSUS THE ASST. COMM COMMERCIAL TAXES Respondent(s) (FOR ADMISSION and I.R. and IA No.60133/2018-EXEMPTION FROM FILING O.T. and IA No.60131/2018-CONDONATION OF DELAY IN REFILING) WITH Diary No(s). 10379/2018 (XV) (FOR ADMISSION and I.R. and IA No.60116/2018-EXEMPTION FROM FILING O.T. and IA No.60114/2018-CONDONATION OF DELAY IN REFILING) Diary No(s). 10383/2018 (XV) (FOR ADMISSION and I.R. and IA No.60144/2018-EXEMPTION FROM FILING O.T. and IA No.60143/2018-CONDONATION OF DELAY IN REFILING) Diary No(s). 10377/2018 (XV) (FOR ADMISSION and I.R. and IA No.60135/2018-EXEMPTION FROM FILING O.T. and IA No.60134/2018-CONDONATION OF DELAY IN REFILING) Date : 04-05-2018 This matter was called on for hearing today. For Petitioner(s) Mr. Gautam Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay of two days in refiling is condoned. Process as per rules. KAPIL MEHTA Registrar 04.05.2018 hj

ITEM NO.16 COURT NO.3 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9126/2018 (Arising out of impugned final judgment and order dated 18-12-2017 in SBCR No. 77/2015 passed by the High Court Of Judicature For Rajasthan At Jodhpur) M/S CHACHAN BROTHERS COTTON GINNING AND PRESSING RICE AND OIL MILL, SANGARIYA Petitioner(s) VERSUS C.T.O. CIRCLE-I Respondent(s) (FOR ADMISSION and I.R. and IA No.50508/2018-EXEMPTION FROM FILING O.T.) Date : 16-04-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Gautam Das, AOR Mr. Abhishek Maratha, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Leave granted. Tag with Civil Appeal No.3756 of 2018. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER

ITEM NO.53 COURT NO.3 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 8370/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18-12-2017 IN SBCR NO. 175/2015 PASSED BY THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR) M/S JYOTI COTTON INDUSTRIES PETITIONER(S) VERSUS THE ASST. COMM. COMMERCIAL TAXES RESPONDENT(S) (FOR ADMISSION AND I.R. AND IA NO.46682/2018-EXEMPTION FROM FILING O.T.) WITH SLP(C) NO. 8645/2018 (XV) Date : 09-04-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Gautam Das, AOR Mr. Abhishek Maratha, Adv. Ms. Nupur Sharma, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel for the petitioner and perused the relevant material. Exemption from filing O.T. is granted. Leave granted. Tag with Civil Appeal Nos. 1124-1125 of 2013. Issue notice on the prayer for interim relief, returnable in six weeks. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER

1 ITEM NO.60 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER Respondent(s) (Prayer for interim relief in C.A. Nos. 2358 & 2359 of 2018 to be listed.) WITH C.A. No. 2358/2018 (XV) C.A. No. 2359/2018 (XV) Date : 09-04-2018 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. S. Sukumaran, Adv. Mr. Anand Sukumar, Adv. Mr. Bhupesh Kumar, Pathak, Adv. Ms. Meera Mathur, AOR Ms. Garima Bajaj, AOR Mr. Sanyat Lodha, Adv. Ms. Sanjana Saddy, Adv. Mr. Devanshu S., Adv. For Respondent(s) Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R After hearing the learned counsel for the parties we direct that the demand raised by the Commercial Taxes Officer, Barmer, is stayed subject to the condition that solvent security equivalent to the demand is furnished by the appellant to the satisfaction of the Assessing Authority. Learned counsel for the appellant, on instructions, states that such solvent security has already been

2 furnished when the matter was pending before the High Court which is still valid. If there is no such security the same shall be furnished within two weeks from today. Prayer(s) for interim relief ordered accordingly. (ASHWANI KUMAR) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER

ITEM NO.14 COURT NO.3 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5755-5757/2018 (Arising out of impugned final judgment and order dated 03-11-2017 in SBCRP Nos. 226/2012, 225/2012, 224/2012 passed by the High Court Of Judicature For Rajasthan At Jodhpur) M/S SARAVGI ROLLER FLOOR MILLS PVT LTD Petitioner(s) VERSUS CHIEF TAX OFFICER, ANTI EVASION, SRIGANGANAGAR Respondent(s) (FOR ADMISSION and IA No.29723/2018-EXEMPTION FROM FILING O.T.) Date : 12-03-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Rishabh Sancheti, Adv. Ms. Padma Priya, Adv. Mr. Anchit Bhandari, Adv. Mr. K. Paari Vendhan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Leave granted. Tag with Civil Appeal No.2359 of 2018. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER

ITEM NO.16 REGISTRAR COURT. 1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (with interim relief and office report) WITH C.A. No. 4438-4439/2013 (With Office Report) Date : 05/08/2015 These appeals were called on for hearing today. For Appellant(s) Mr S Sukumaran, Adv. Ms. Meera Mathur,Adv. Mr. Irshad Ahmad,Adv. For Respondent(s) Mr. Milind Kumar,Adv. Mr. B. D. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Service in both set of appeals herein is complete. The ld. Counsel for the appellant in C.A.No. 1124-1125/2013 has mentioned that subject matter of appeal is not quantifiable. Affidavit of valuation, therefore, cannot be filed. Let a specific mention to this effect be made in the office report and the appeals be processed to be listed before the Hon'ble Court as per rules. (RACHNA GUPTA) Registrar

ITEM NO.16 REGISTRAR COURT. 1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (with interim relief and office report) WITH C.A. No. 4438-4439/2013 (With Office Report) Date : 05/08/2015 These appeals were called on for hearing today. For Appellant(s) Mr S Sukumaran, Adv. Ms. Meera Mathur,Adv. Mr. Irshad Ahmad,Adv. For Respondent(s) Mr. Milind Kumar,Adv. Mr. B. D. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Service in both set of appeals herein is complete. The ld. Counsel for the appellant in C.A.No. 1124-1125/2013 has mentioned that subject matter of appeal is not quantifiable. Affidavit of valuation, therefore, cannot be filed. Let a specific mention to this effect be made in the office report and the appeals be processed to be listed before the Hon'ble Court as per rules. (RACHNA GUPTA) Registrar

¶ ITEM NO.16 REGISTRAR COURT. 1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (with interim relief and office report) WITH C.A. No. 4438-4439/2013 (With Office Report) Date : 05/08/2015 These appeals were called on for hearing today. For Appellant(s) Mr S Sukumaran, Adv. Ms. Meera Mathur,Adv. Mr. Irshad Ahmad,Adv. For Respondent(s) Mr. Milind Kumar,Adv. Mr. B. D. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Service in both set of appeals herein is complete. The ld. Counsel for the appellant in C.A.No. 1124-1125/2013 has mentioned that subject matter of appeal is not quantifiable. Affidavit of valuation, therefore, cannot be filed. Let a specific mention to this effect be made in the office report and the appeals be processed to be listed before the Hon'bleSignature Not Verified Court as per rules.Digitally signed byHema JoshiDate: 2015.08.1212:56:35 ISTReason: (RACHNA GUPTA) Registrar

¶ ITEM NO.16 REGISTRAR COURT. 1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MRS. RACHNA GUPTA Civil Appeal No(s). 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (with interim relief and office report) WITH C.A. No. 4438-4439/2013 (With Office Report) Date : 05/08/2015 These appeals were called on for hearing today. For Appellant(s) Mr S Sukumaran, Adv. Ms. Meera Mathur,Adv. Mr. Irshad Ahmad,Adv. For Respondent(s) Mr. Milind Kumar,Adv. Mr. B. D. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Service in both set of appeals herein is complete. The ld. Counsel for the appellant in C.A.No. 1124-1125/2013 has mentioned that subject matter of appeal is not quantifiable. Affidavit of valuation, therefore, cannot be filed. Let a specific mention to this effect be made in the office report and the appeals be processed to be listed before the Hon'bleSignature Not Verified Court as per rules.Digitally signed byHema JoshiDate: 2015.08.1212:56:35 ISTReason: (RACHNA GUPTA) Registrar

ITEM NO.8 COURT NO.1 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3-4/2014 in Civil Appeal Nos. 1124-1125/2013 M/S. DURGESHWARI FOODS LTD. Appellant(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (For early hearing and office report) Date : 19/01/2015 These applications were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. S. Ganesh, Sr. Adv. Mr. S. Sukumaran, Adv. Mr. Anank Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur,Adv. For Respondent(s) Mr. Milind Kumar,Adv. UPON hearing the counsel the Court made the following O R D E R Dismissed. [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar

" ITEM NO.19 COURT NO.3 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)....../2014 CC 751/2014 (From the judgement and order dated 11/07/2013 in SBSTR No.185/2012, of The HIGH COURT OF RAJASTHAN AT JODHPUR) COMMERCIAL TAXES OFF. ANTI EVASION JODHPUR Petitioner(s) VERSUS M/S RAJASTHAN TRADE AGENTS Respondent(s) WITH I.A. 1 (C/Delay in filing SLP and office report) Date: 27/01/2014 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. D.K. Sinha, Adv. Mr. Irshad Ahmad,Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Notice. Tag with C.A. Nos. 1124-1125 of 2013. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] ||Court Master | |Asstt. Registrar |

ITEM NO.24 COURT NO.5 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CC 9306-9308/2013Petition(s) for Special Leave to Appeal (Civil)....../2013(From the judgement and order dated 26/10/2012 in SBSTR No.183/2012,SBSTRNo.184/2012 of the HIGH COURT OF RAJASTHAN AT JODHPUR)COMMERL.TAXN.OFFICER JODHPUR Petitioner(s) VERSUSM/S RAJASTHAN TRADE AGENTS ET.ETC. Respondent(s)(With appln(s) for c/delay in filing SLP and office report )Date: 03/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Dr.Manish Singhvi, AAG for Mr. Irshad Ahmad,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Leave granted. Tag with C.A.Nos.124-125/2013. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar

2 ITEM NO.8 COURT NO.6 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (Civil) Nos.14699-14700/2012 (From the judgement and order dated 08/12/2011 in CSTRP No.193/2009,CSTRP No.194/2009 of The HIGH COURT OF RAJASTHAN AT JODHPUR) M/S. DURGESHWARI FOODS LTD. Petitioner(s) VERSUS COMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s) (With prayer for interim relief and office report) (FOR FINAL DISPOSAL) Date: 07/02/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE RANJAN GOGOI For Petitioner(s) Ms. Meera Mathur,Adv. For Respondent(s) Mr. Milind Kumar,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] ||Court Master | |Court Master |

<ITEM NO.55 COURT NO.8 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14699-14700/2012(From the judgement and order dated 08/12/2011 in CSTRP No.193/2009,CSTRPNo.194/2009 of the HIGH COURT OF RAJASTHAN AT JODHPUR)M/S. DURGESHWARI FOODS LTD. Petitioner(s) VERSUSCOMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s)(With prayer for interim relief and office report )Date: 07/09/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Petitioner(s) Mr.S.Ganesh, Sr.Adv. Mr.S.Sukumaran, Adv. Mr.S.S.Mittal, Adv. Mr.Anand Sukumar, Adv. Mr.Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur,AOR(NP)For Respondent(s) Mr. Milind Kumar,Adv. UPON hearing counsel the Court made the following O R D E R List the matter for final disposal on a non-miscellaneous day in themonth of February, 2013. (G.V.Ramana) (Vinod Kulvi) Court Master Court Master

¸ITEM NO.54 COURT NO.8 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14699-14700/2012(From the judgement and order dated 08/12/2011 in CSTRP No.193/2009,CSTRPNo.194/2009 of The HIGH COURT OF RAJASTHAN AT JODHPUR)M/S. DURGESHWARI FOODS LTD. Petitioner(s) VERSUSCOMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s)(With prayer for interim relief and office report)Date: 17/08/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Petitioner(s) Mr. S. Ganesh, Sr. Adv. Mr. S. Sukumaran, Adv. Mr. S.S. Mittal, Adv. Mr. Anand Sukumar, Adv. Mr. Bhupesh Kumar Pathak, Adv. Ms. Meera Mathur,Adv.For Respondent(s) Mr. Milind Kumar,Adv. UPON hearing counsel the Court made the following O R D E R At the request of the learned counsel for the petitioner, rejoinder affidavit, if any, in two weeks' time, finally. (NAVEEN KUMAR) (VINOD KULVI) COURT MASTER COURT MASTER

\ITEM NO.38 REGISTRAR COURT.1 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).14699-14700/2012M/S. DURGESHWARI FOODS LTD. Petitioner(s) VERSUSCOMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s)(With prayer for interim relief and office report)Date: 25/07/2012 These Petitions were called on for hearing today.For Petitioner(s) Ms. Meera Mathur,Adv.For Respondent(s) Mr. Milind Kumar,Adv. UPON hearing counsel the Court made the following O R D E R No request for filing counter affidavit. List before the Hon'ble Court, as per rules.| | | (S.G. SHAH) || | |REGISTRAR || | | |rd

ITEM NO.28 COURT NO.8 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).14699-14700/2012(From the judgement and order dated 08/12/2011 in CSTRPNo.193/2009,CSTRP No.194/2009 of The HIGH COURT OF RAJASTHAN ATJODHPUR)M/S. DURGESHWARI FOODS LTD. Petitioner(s) VERSUSCOMMERCIAL TAX OFFICER, ANTI EVASION Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report )Date: 09/05/2012 These Petitions were called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Petitioner(s) Mr.S.Ganesh, Sr.Adv. Mr.S.Sukumaran, Adv. Mr.Sanjeev Johari, Adv. Mr.Shiv Shankar Mittal, Adv. Mr.Anand Sukumar, Adv. Mr.Bhupesh Kumar Pathak, Adv. for Ms. Meera Mathur,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Application for exemption from filing OfficialTranslation is allowed. Notice. (G.V.Ramana) (Sharda Kapoor) Court Master Court Master

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