S.B.P. and Company vs Patel Engineering Ltd. and Anr

JUDGMENT 2005(6)SCC 288 = 2005(6) SCALE 607 with Nos. 4169-73 of 2003, 4076 of 2004, SLPs (C) Nos. 3205, 14033-34 of 2004, 21272-73 of 2002, 14207 of 2003 and CA No. 3777 of 2003

1. After hearing the learned counsel for the parties, we are of the opinion that the cases may call for reconsideration of the decision of this Court in Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd. (2002) 2 SCC 388 in particular the view taken in paras 18 to 21 thereof, which is by a Constitution Bench.

2. Be placed before a seven-Judge Bench.