Coordinate Bench conflict required Full Bench reference, and the Supreme Court remanded the matter to the High Court.

Where coordinate Division Benches of a High Court take conflicting views, judicial discipline requires the matter to be referred to a larger Bench rather than resolved by a later Division Bench taking a contrary position. On that principle, and with the parties consenting to that course, the Supreme Court remanded the appeals to the High Court for constitution of a Full Bench by the Chief Justice to decide all issues arising from the impugned judgment, with liberty to seek interim relief before that Court.

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Issues: Whether the conflicting views taken by coordinate Division Benches of the High Court required the matter to be referred to a larger Bench and whether the appeals should be remanded to the High Court for that purpose.

Analysis: The order records that where two Division Benches of the same High Court take different views, judicial discipline requires reference to a larger Bench rather than a later Division Bench taking a contrary view. In the circumstances, and with the parties agreeing to that course, the matter was sent back so that the Chief Justice of the High Court could constitute a Full Bench to decide all issues arising from the impugned judgment.

Outcome: The appeals were remanded to the High Court for consideration by a Full Bench, with liberty to seek interim orders before that Court.

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