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TMI Blog2010 (4) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... 136 of 2009 S/Shri G.E. Vahanvati, A.G., M. Chandrasekharan, Sr. Advocate, Arijit Prasad, D.D. Kamath, B.V. Balaram Das, Mrs. Anil Katiyar, Rupesh Kumar and Ms. Pankhuri Shrivastava, Advocates, for the Appellant. S/Shri Parijat Sinha, Ms. Reshmi Rea Sinha, S.C. Ghosh, Vikram Ganguly and Anil Kumar Mishra Advocates, for the Respondent. [Order]. - De-linked, to be listed separately. Civi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned by the Committee and its clearance for litigation. Government may include a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior officers only should be nominated so that the Committee would function with status, control and discipline. 4. It shall be the obligation of every Court and every Tribunal where such a dispute is r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittee to take away these remedies. It was, accordingly, ordered that an appeal could be filed without clearance but thereafter an application should be made to the High-Powered Committee for clearance. 4. In our experience, the working of the COD has failed. Numerous difficulties are experienced by the COD which are expressed in the letter of the Cabinet Secretary, dated 9th March, 2010. Apart fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersy between the Central and State Governments as well as their companies would also require an NOC from COD. 7. For the afore-stated reasons, we are of the view that the above judgments need reconsideration. We would have done so. However, we are unable to do so because the judgments in the case of ONGC (supra) have been delivered by Benches of three Judges of this Court. 8. In the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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