JUDGMENT :

Madan B. Lokur, J.

1. These appeals have been referred to a Bench of three judges in view of a difference of opinion between two learned judges of this Court. The controversy is best understood by referring to the proceedings recorded on 9th May, 2006:

Hon’ble Mr. Justice S.B. Sinha pronounced His Lordship’s judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice Tarun Chatterjee.

Leave granted.

For the reasons mentioned in the signed judgment, Civil Appeal arising out of SLP (C) No.18611/2004 filed by M/s Centrotrade Minerals and Metal Inc., is dismissed and Civil Appeal arising out of SLP (C) No.21340 of 2005 (actually 2004) preferred by Hindustan Copper Ltd. is allowed. In the peculiar facts and circumstances of the case, the parties shall pay and bear their own costs.

Hon’ble Mr. Justice Tarun Chatterjee pronounced His Lordship’s judgment disposing of the appeals in terms of the signed judgment.

In view of difference of opinion, the matter is referred to a larger Bench for consideration. The Registry of this Court shall place the matter before the Hon’ble the Chief Justice for constitution of a larger Bench.

The decisions rendered by Justice Sinha and Justice C