ANIL R.DAVE, VIKRAMAJIT SEN, PINAKI CHANDRA GHOSE
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
HILLI MULTIPURPOSE COLD STORAGE PVT. LTD. – Respondent
JUDGMENT
ANIL R. DAVE, J.
1. While considering Civil Appeal No.D 35086 of 2013, this Court expressed its doubt in relation to the period of limitation for filing the written statement or giving version of the opponent as per the provisions of Section 13(2)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’). The question was, whether the said issue was governed by the law laid down by this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi, [(2002) 6 SCC 635] or Kailash v. Nanhku & Ors. [(2005) 4 SCC 480]. The following order was passed by this Court in the aforestated Civil Appeal on 29th November, 2013:
“1. Heard Mr. Vahanvati, learned Attorney General, in support of these appeals. Mr. Guru Krishna Kumar, learned senior counsel, appears for the respondent(s).
2. Learned Attorney General points out that the judgment in Dr. J.J. Merchand & Ors. vs. Shrinath Chaturvedi, reported in [2002(6) SCC 635], has been considered and a different view has been taken in Kailash vs. Nanhku & Ors., reported in [2005(4) SCC 480], on the issue of limitation. The matters, therefore, require consideration.
3. Delay condoned.
4. The appeals are admitted.
5. Since this
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