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os Nobody has appeared on behalf of the respondent even after service of notice and as a result the petition has been heard ex parte. The respondent has not appeared at any stage and has filed neither reply nor any affidavit of evidence

2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/eontent provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal.

3. Through this petition, the petitioner is seeking recovery of Bs.13,41,756/- said to be the outstanding dues inclusive of interest as on 15.03.2016 along with interest @ 18% til the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channels.

Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33

Koushik Das: Yes, one BCDA N.O.C. is required with the application.

Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything.

Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also.

Shri Arajit Das: that is not required.

2. Alleging non compliance of the award, the 2nd respondent filed a claim petition before the Labour Court, Ernakulam as C.P. No.9 of 2016 WP(C).No.40468/2018 3 claiming a total sum of Rs.12,39,802.02/- which includes interest of Rs.4,84,600/-. The said claim petition was partly allowed by the Labour Court and the 2nd respondent was awarded a sum of Rs.7,55,202.02/- by excluding the interest which was claimed. Being aggrieved by the quantum of amount awarded and the denial of interest, the 2 nd respondent filed W.P.(C) No.33527 of 2017 which is pending before this Court. The petitioner is stated to have remitted a sum of Rs.7,55,202/- as ordered by the Labour Court.

श्री तीरथ सिंह रावत (गढ़वाल) : अध्यक्ष महोदय, मैं आपके माध्यम से माननीय पंचायती राज एवं ग्रामीण विकास मंत्री का ध्यान उत्तराखंड प्रदेश के ग्रामीण क्षेत्रों में परिवार रजिस्टर की नकल एवं जन्म मृत्यु प्रमाण-पत्र को प्राप्त करने में हो रही परेशानियों की ओर आकर्षित करना चाहता हूं, जिसके कारण स्थानीय ग्रामीण जनता परेशान है ।…(व्यवधान) पंचायती राज की नई व्यवस्था से पूर्व गांवों में ग्राम प्रधानों द्वारा अपने ग्राम सभाओं की जनता को परिवार रजिस्टर की नकल एवं जन्म मृत्यु प्रमाण पत्र दिए जाते थे, जिससे बड़ी सरलता और सुगमता होती थी । ई-डिस्ट्रिक्ट प्रणाली लागू होने में कठिनाइयां आई हैं । इसके कारण ग्रामीण जनता को इसे लेने के लिए विकास खण्डों में आना पड़ रहा है । विकास खण्‍ड स्तर पर परिवार रजिस्टर की नकल आवेदकों को सरलता से प्राप्त नहीं हो रही है ।

श्री रोड़मल नागर (राजगढ़): मेरा संसदीय क्षेत्र राजगढ़ मध्य प्रदेश मुख्यत:कृषि पर आधारित क्षेत्र है और यहां खेती-किसानी ही जीवनयापन का मुख्य आधार है ।…(व्यवधान) देश में पहली बार अन्नदाता किसानों की वास्तविक परिस्थितियों को समझकर मोदी सरकार ने किसानों की आय को दोगुना करने का लक्ष्य तय किया है ।…(व्यवधान) इस क्रम में प्रधान मंत्री जी द्वारा किसान सम्मान निधि के वितरण का एक ऐतिहासिक निर्णय लिया है,किंतु मध्य प्रदेश सरकार द्वारा किसानों को उनके हित से वंचित करते हुए अनावश्यक रूप से लटकाया और भटकाया जा रहा है ।…(व्यवधान) कभी खातों को अपडेट करने या किसानों के वैरिफिकेशन की सूची को अपेडट करने के नाम पर भ्रष्टाचार किया जा रहा है ।…(व्यवधान) विशेषकर मेरे संसदीय क्षेत्र के अधिकांश किसानों को किसान सम्मान निधि की किश्तें नहीं मिली हैं ।…(व्यवधान)

Appearance:

Mr. Snehashis Sen, Adv.

...for the petitioner.

The Court : At the instance of the petitioner the matter is appearing today under the heading "To Be Mentioned" for correction of a typographical error crept in the order dated March 11, 2020. By the said order this Court disposed of the application, AP No.49 of 2020.

Let the amount of money mentioned in the third line at the fourth page of the said order dated March 11, 2020 be corrected as Rs.9.8 crore in place and stead of Rs.9.2 crore.

VERSUS ASCON AGRO PRODUCTS EXPORTERS AND BUILDERS PRIVATE LIMITED BEFORE The Hon'ble Justice SHAMPA SARKAR Date: 28th April, 2020 Apperance Mr. Saunak Ghosh, Adv. with Mr. Rajib Mullick, Adv.

..for the decree holder Mr. Dipanjan Roy, Adv (in person) ..for the judgment debtor The Court: GA No.803 of 2020 is an application filed by the decree holder for non-prosecution of the Execution Case no.302 of 2019 arising out of a judgment and decree dated July 26, 2017 passed in CS No.115 of 2013, in view of settlement arrived at by and between the parties.

These two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudication on the question as to whether 1 “car matting” would come within Chapter 57 of the First Schedule to the Central Excise Tariff Act, 1985 under the heading “Carpets and Other Textile Floor Coverings” or they would be classified under Chapter 87 thereof, which relates to “Vehicles other than Railway or Tramway Rolling-Stock and Parts and Accessories Thereof”. The appeals are against a common decision and we shall also deal with both these appeals together in this judgment. The respondent-assessee want their goods to be placed under Chapter heading 5703.90. We shall refer to the specific entries against this item later in the judgment. The respondent, at the material point of time were engaged in the business of manufacture of textile floor coverings and car matting. The subject-goods have been referred to interchangeably by the revenue also as car mattings and car carpets. The respondent, at the material time, were clearing the goods declaring them to be goods against Heading No.570390.90. Effective rate of excise duty on goods under that entry was 8% and education cess at the applicable rate for the subject period. We find this rate of duty, 2 inter-alia, from the order of the Commissioner dealing with the first and the second show-cause notices. The rate of basic excise duty would have been 16% apart from education cess if these goods were classified against goods specified in heading no.8708.99.00. Altogether three show-cause-notices were issued against the respondent over clearance of goods under the said heading. These notices required them to answer as to why they should not be charged the differential rate of duty and interest. We would like to point out here that in the show-cause notices, the respective chapter sub-headings have been referred to as 8708.99.00 and 570390.90 and in the order of the Tribunal also, the sub-headings have been referred to as such. But the authorities themselves in certain places described the sub-headings in shorter numerical forms, as 5703.90 and 8708.00. We find these minor variations in the paper-book. But this variation of the sub- headings represented in numerical form is not of any significance so far as adjudication of these appeals are concerned. The respondent were also to answer as to why penalty should not be 3 imposed upon them in terms of Section 38A of the Central Excise Act, 1944 read with Rule 25 of the Rules made thereunder. The first show-cause notice is dated 9th August, 2005 in regard to clearance of goods made during the period between 9 th July, 2004 and 31st March, 2005. They had cleared altogether 8,65,777 pieces of those items in different sizes in that period. The second show-cause notice was issued on 2 nd May, 2006 and related to clearance of 12,02,482 pieces of the same goods for the period between 1st April, 2005 and 31st January, 2006. The third show- cause notice is of 7th March, 2007 and the clearance involved 20,15,412 pieces from 1st February, 2006 to 31st January, 2007. For the period involved in the third show-cause notice, clearance was made by the respondent under Chapter sub-heading no.570500.19, which carried effective rate of duty @8%.

It is to be noted that earlier petitioner has also filed a writ petition being WP 5064 (W) of 2020 challenging the transfer.

Counsel appearing on behalf of the petitioner submits that the petitioner did not join the new college due to several reasons including his ill-health. He further submits that his salary has been stopped and he has not received the salary from the month of March 2020 onwards.

Mr. Biswaroop Bhattacharya, counsel appearing on behalf of the respondent nos.1 and 2, has defended the action of the university and submitted that the university had no intention to stop payment of the petitioner's salary. The same, according to him, has taken place due to the petitioner not having joined his new post even though the transfer order was issued on March 3, 2020.

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