STATE OF WEST BENGAL Vs. KESORAM INDUSTRIES LIMITED

JUDGEMENT

(1.) Great 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 v. Mahanadi 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. v. 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.