SPECIAL LEAVE PETITON (C) NO. 27824 of 2011Bharati Shipyard Ltd. ...PetitionerVERSUSFerrostaal AG & Anr. ...RespondentsWITHSPECIAL LEAVE PETITION (C) NO. 27841 of 2011Bharati Shipyard Ltd. ...PetitionerVERSUSFerrostaal AG & Anr. ...Respondents
J U D G M E N TSURINDER SINGH NIJJAR, J.
1.Whilst hearing C.A. No. 7019 of 2005, a two JudgeBench of this Court, on 16
January, 2008, passed thefollowing order:-“In the midst of hearing of these appeals, learnedcounsel for the appellant has referred to the three- Judges Bench decision of this Court in BhatiaInternational Vs. Bulk Trading S.A. & Anr., (2002) 4SCC 105. The said decision was followed in a recentdecision of two Judges Bench in Venture GlobalEngineering Vs. Satyam Computer Services Ltd. &Anr. 2008 (1) Scale 214. My learned brother Hon'bleMr. Justice Markandey Katju has reservation on thecorrectness of the said decisions in view of the