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2008 Supreme(HP) 16

V.K.GUPTA, KULDIP SINGH
Shashi Films (P) Ltd. – Appellant
Versus
Rajinder Kaushal – Respondent


Advocates:
For the Petitioner:- Mr. R.L. Sood, Senior Advocate with Mr. Arjun Sood, Advocate.
For the Respondent:- Mr. S.D. Gill and Ms. Anjana Mahindroo, Advocate and Mr. R.K. Bawa, Senior Advocate with Mr. Inderjit Singh Narwal, Advocate, Amicus-Curaie.

JUDGMENT

(V.K. Gupta, CJ.) - It was on 8th November, 2007 that an order was passed by the Single Bench of this Court referring this case for hearing by a Division Bench on account of the fact that interpretation of the second proviso to Section 15 of the Consumer Protection Act, 1986, was involved in this case. The Order dated 8th November, 2007 is reproduced hereunder. It reads thus :

“In view of the fact that interpretation of the second proviso to Section 15 qua the entertaining of an appeal by the State Commission as well as qua the passing of the stay order by the State Commission is involved for consideration in this case and this interpretation will have far reaching consequences, I direct that this case shall be heard by a Division Bench for an authoritative pronouncement.

Mr. R.K. Bawa, learned Senior Advocate has very kindly agreed to assist the Court at the stage of the final hearing of the case in addition to the learned Counsel appearing for the parties.

List before Division Bench-I for hearing on 15th November, 2007.”

2.Against an award dated 31st July, 2006 passed by the learned District Consumer Disputes Redressal, Forum, Shimla whereby the appellant was, inter a

























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