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R.THAMARAJAKSHI, S.P.BAGLA, S.S.CHADHA, B.S.YADAV, V.BALAKRISHNA ERADI
TATA TIMKEN LTD. – Appellant
Versus
CONSUMER PROTECTION COUNCIL – Respondent


Counsel for the Parties :
For the Petitioner:Mr. Soli Sorabjee, Sr. Adv. with Mr. S. Ganesh, Ms. S. Sethna & Ms. Meera Singh, Advocates.
For the Respondent No. 1:Mr. Yashank P. Adhyarn and Mr. Vinod R. Shah, Advocates.
For the Respondent Nos. 2, 4 & 5: Nemo.
For the Respondent No. 3:Mr. R.P. Bhatt, Sr. Advocate with Mrs. Tanuja Sheel, Advocate.

ORDER

Mr. Justice V. Balakrishna Eradi, President—This Revision Petition has been filed by the first opposite party challenging the legality and correctness of the order dated 24.3.94 passed by the State Commission, Gujarat, at Ahmedabad over-ruling the preliminary objections raised by the revision petitioner who was opposite party No. 1 before the State Commission that the complainants before the State Commission are not consumers within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act and hence the State Commission had no jurisdiction to entertain and adjudicate upon the complaint.

2. The complaint before the State Commission was filed by the Consumer Protection Council, Ahmedabad (1st respondent herein) on behalf of certain persons who had applied for the allotment of equity shares and partly convertible debentures in the revision petitioner company in response to an advertisement published by the Company offering to a public at large certain number of shares and partly convertible debentures. The grievance put forward by the petitioners was that these applicants were neither allotted the shares and debentures applied for by them nor were the amounts paid by them


























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