SUPREME COURT OF INDIA

State of W.B.

Versus

Kesoram Industries Ltd. and Others.

(S.P. Bharucha, V.N. Khare and D.P. Mohapatra, JJ)

Civil Appeal Nos. 1532-33 of 1993 with IAs Nos. 13-14 with

SLPs (C) Nos. 3986 of 1993, 11596 of 1994, CAs Nos. 2350 of 1993,

3518-19 of 1992, SLP (C) No. 17549 of 1994, CAs Nos. 7614 of 1994,

844 of 1995, 5149-54 of 1992, SLP(C) No. 1069 of 1996

with WPs (C) Nos. 247 and 412 of 1995.

12.10.1999

JUDGMENT

1. Greate emphasis has been placed by learned counsel for the state of West Bengal upon the judgment of a Bench of three learned Judges in Goodricke Group Ltd. v. State of W.B. quite apart from the fact that there are pending proceedings in this Court seeking to reconcile the judgment in Goodricke with that in State of Orissa. Vs. Mahanandi Coalfields Ltd. we find some difficulty in accepting as correct the view taken by Goodricke particularly having regard to the earlier decision (of a Bench of two learned Judges) in Buxa Dooars Tea Co. Ltd. Vs. State of W.B. We think, therefore, that these matters should be heard by a Constitution Bench.
2. The papers and proceedings may, accordingly, be placed before the Hon’ble the Chief Justice for appropriate directions.

 

Court Masters