ORDER :

1. Heard.

2. Delay condoned.

3. The question involved in this appeal is whether the time stipulated under Section 13 of the Consumer Protection Act, 1986 for filing written statement is mandatory and whether no flexibility is available with the Court in the interest of justice.

4. This question has been answered in the affirmative in New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited in Civil Appeal No.D.35086 of 2013 etc. (2015) 16 SCC 20, reiterating the view in J.J. Merchant and Ors. Vs. Shrinath Chaturvedi (2002) 6 SCC 635.

5. Thereafter, the matter has been referred to a larger bench in view of contra views in the judgments of this Court in Topline Shoes Limited Vs. Corporation Bank (2002) (6) SCC 33; Kailash Vs. Nankhu (2005) 4 SCC 480 and Salem Advocate Bar Association Vs. Union of India (2005) 6 SCC 344.

6. It has been brought to our notice that in view of uncertainty in law, proceedings in number of cases is held up before the Consumer Fora.

7. This Court has passed interim order dated 11.02.2016 in M/s. Bhasin Infotech and Infrastructure Pvt. Ltd. Vs. M/s Venezia Buyers Association (Regd.) in C.A.Nos.1083-1084/2016, to the following e