DIPAK MISRA

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 of 2010.

Expressing doubt with regard to the correctness and soundness of the decision in New India Assurance Co. Ltd. v. Union of India, AIR 2010 Delhi 43; [2011] 166 Comp Cas 87 (Delhi) [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.

Before we proceed to analyse and appreciate the ratio decidendi in New India Assurance Co. Ltd. v. Union of India, AIR 2010 Delhi 43; [2011] 166 Comp Cas 87 (Delhi) [FB], it is seemly to exposit the necessitous primary facts averred in the pre