A.K.SIKRI, SANJIV KHANNA, DIPAK MISRA, MANMOHAN, VIKRAMAJIT SEN
Sterling Agro Industries Ltd. etc. – Appellant
Versus
Union of India (UOI) – Respondent
Dipak Misra, C.J.
1. In view of the similitude of the principal controversy pertaining to the jurisdiction of the High Court of Delhi being involved in these writ petitions, they were heard analogously and as the said issue is the only question of reference, it is being adverted to and dealt with by a singular order. For the sake of convenience, we shall adumbrate the facts in W.P.(C) No. 6570/2010.
2. Expressing doubt with regard to the correctness and soundness of the decision in New India Assurance Company Limited v. Union of India and others, AIR 2010 Del 43 (FB), a Division Bench thought it appropriate to refer the matter for reconsideration by a Full Bench and, accordingly, a Full Bench was constituted and the Full Bench thought it appropriate that the matter should be considered by a larger Bench and, accordingly, the larger Bench has been constituted and the matter has been placed before us for the aforesaid purpose.
3. Before we proceed to analyze and appreciate the ratio decidendi in New India Assurance Company Limited (supra), it is seemly to exposit the necessitous primary facts averred in the present writ petition. The Petitioner, in invocation of the jurisdiction
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