Order
1. After hearing the counsel for the parties, we find there is obvious conflict among the three two-Judge Bench decisions i.e (i) Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande (1995) 3 SCC 413, (ii) W.B Essential Commodities Supply Corpn. v. Swadesh Agro Farming & Storage (P) Ltd. (1999) 8 SCC 315, and (iii) Hameed Joharan v. Abdul Salam (2001) 7 SCC 573. Yet another two-Judge Bench decision in Renu Devi v. Mahendra Singh (2003) 10 SCC 200, AIR 2003 SC 1608 would also have some bearing on the point.
2. In this view of the matter, we deem it appropriate that this case be placed before a three-Judge Bench to resolve the conflict in the aforesaid decisions.
3. May be placed before Hon'ble the Chief Justice for appropriate orders.
Court Masters