Order
1. The matters are placed before us in view of the conflict in the decisions in State of M.P v. Jaora Sugar Mills Ltd. (1997) 9 SCC 207 and State of T.N v. Kothari Sugars & Chemicals Ltd. (1996) 7 SCC 751 These two judgments have been rendered by Benches composed of two Judges each. One of the judgments has been approved by a decision in S.K.G Sugar Ltd. v. State of Bihar (1997) 9 SCC 362 by a Bench composed of three Judges.
2. In this view of the matter it would be appropriate to refer these matters to a larger Bench of five Judges. We order accordingly.
3. A contention is sought to be raised by Mr Harish N. Salve, learned Senior Advocate that Presidential assent has to be disclosed as per the judgment in Kaiser-I-Hind (P) Ltd. v. National Textile Corpn. (Maharashtra North) Ltd. (2002) 8 SCC 182 In that regard if appropriate pleadings are filed, the respondents may respond to it.
4. Issue notice on the application for intervention.
5. Dasti notice to Respondent 2.
6. Considering the nature of matters, it would be appropriate to expedite hearing. Liberty to mention for early date of hearing.
Court Masters