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16. Need for reference -- Judicial Comity :

It is axiomatic to say that the law laid down by the Hon'ble Supreme Court is binding to all courts in India. Therefore it may be canvassed that if there is decision of the Supreme Court laying down different guidelines and the decision of the Supreme Court was not brought to the notice of the Full Bench, then in that case the guidelines laid down by the Hon'ble Supreme Court should be followed. Logically this is true. But as a matter of practice, as laid down by the Hon'ble Supreme Court in the case of Somabhai Mathurbhai Patel v. New Shorrock Mills, reported in 1983 Guj LH 273, judicial comity demands that in such situation the matter be referred to a larger Bench. In the case of Somabhai (supra), learned single Judge of this Court had rejected the ratio of the decision of another learned single Judge of this very High Court by stating that the attention of the learned single Judge was not invited to the decision of the Supreme Court which had an impact on the point under examination. The Hon'ble Supreme Court disapproved this approach and observed that "judicial comity demands and this Court often reiterated that in that event the matter should be referred to a larger Bench". It is for this reason that the Division Bench consisting of B. N. Kirpal, C.J. and R. K. Abichan-dani, J. has made this reference to a larger Bench of five Judges. In view of this settled legal position, the submission that there was no reason for the Division Bench to refer the case to a larger Bench cannot be accepted.