- (1.) The matters are placed before us in view of the conflict in the decisions in State of M. P. v. Jaora Sugar Mills Ltd. and State of T. N. v. Kothari Sugars and Chemicals Ltd. These two judgments have been rendered by Benches composed of two Judges each. One of the judgments has been approved by a decision in S. K. G. Sugar Ltd. v. State of Bihar by a Bench composed of three Judges.
(2.) In this view of the matter it would be appropriate to refer these matters to a larger Bench of five Judges. We order accordingly.
(3.) A contention is sought to be raised by Mr Harish N. Salve, learned senior Advocate that Presidential assent has to be disclosed as per the judgment in Kaiser-I-Hind (P) Ltd. v. National Textile Corpn. (Maharashtra north) Ltd. In that regard if appropriate pleadings are filed, the respondents may respond to it.;