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2015 Supreme(MP) 709

A.M.KHANWILKAR, SHANTANU KEMKAR, J.K.MAHESHWARI
Technofab Engineering Limited – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent


Advocates:
Rajendra Tiwari with Varun Kumar for appellant in
First Appeal No.514/2012;
S.K. Rao with Ajit Agrawal, Sanjiv Kumar Chaturvedi and
Vineet Kumar Pandey for appellant in First Appeal No.1134/2012;
R.K. Sanghi with Kapil Patwardhan for appellant in
Miscellaneous Appeal No.1774/2011;
Ravish Chandra Agrawal, Advocate General with Amit Seth,
Government Advocate for respondents/State.

JUDGMENT

Khanwilkar, C.J. -- 1. These matters have been referred by the Division Bench for reconsideration of the principle expounded in the decision of Division Bench of our High Court in the case of Fatehchand v. Land Acquisition and Rehabilitation Officer and others [2009(4) MPLJ 50].

2. The questions to be considered by the Full Bench have been formulated by the Division Bench in First Appeal No.514/2012 and First Appeal No.1134/2012 vide order dated 28.11.2014, as follows :

“1. Whether the ratio of the decision in Fateh Chand (supra), is correct?

2. Whether the decision of the Supreme Court in the State of Bombay v. M/s. Supreme General Films Exchange Limited [AIR 1960 SC 980], has application to Article 1A of Schedule I to the Court-fees Act, 1870 as amended by Court-fees (Madhya Pradesh Amendment) Act, 2008?”

3. Miscellaneous Appeal No.1774/2011 has been ordered to be heard analogously with the two appeals vide order dated 1.9.2015, hearing whereof was already in progress on the aforesaid two questions. As similar question was ordered to be considered by the Larger Bench even in the said appeal, request made by the counsel for the appellant in this appeal was acceded to on clear


































































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