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1995 Supreme(Cal) 453

SAMARESH BANERJEE
HINDUSTAN LEVER LTD. – Appellant
Versus
STATE CONSUMER REDRESSAL FORUM – Respondent


Advocates Appeared:
ARIJIT BANERJI, CHAMELI MAJMUDAR, P.N.Palit, SURENDRA DUBE, TAPAS BANERJI

S. BANERJEA, J.

( 1 ) IN the instant writ application the writ petitioner Company has challenged the ad interim order dated 28th June 1995 passed by the State Consumer Dispute Commission, West Bengal being the respondent No. 1 (hereinafter referred to the State Commission), on the ground of total lack of jurisdiction of the State Commission to pass such order. By the aforesaid ad-interim order the State Commission restrained the petitioner Company from selling their product of toilet soaps, detergent etc in the Indian market and abroad till disposal of the case.

( 2 ) THE main challenge of the petitioners of the aforesaid ad interim order is on the ground of total lack of jurisdiction of the state Commission to pass interim order.

( 3 ) THE other main ground of challenge is that the said order is void as the order was to passed and signed by the President of the Commission but only by the other two members. In course of hearing it was admitted by the parties that the proceedings in question was initiated and the aforesaid order was passed by the two members of the State Commission in absence of the President who has reportedly not been attending the Commission being out of the s

































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