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9. The learned counsel appearing for the complainant submitted that the view expressed by the three-Judge Bench of this Court in Dr. J.J. Merchant (supra) is absolutely just and proper and is on the subject, with which facts of the present case are concerned. The said case also deals with the provisions of Section 13(2)(a) of the Act, whereas case of Kailash (supra) pertains to an Election trial and under a different Act.

10. According to the learned counsel appearing for the complainant, in the instant case, in fact, there is no conflict between the two judgments referred to hereinabove as the judgment delivered in Dr. J.J. Merchant (supra) was prior in time and was on the subject of the Act. Looking at the contents of the said judgment, it is clear that the said judgment also pertains to the provisions with regard to grant of time for filing version of the opposite party before the District Forum. Once a judgment has been delivered by a three-Judge Bench on the same subject and on the same section, according to the learned counsel, there was no need to re-consider the same.

15. Upon hearing the concerned counsel and upon perusal of both the judgments referred to hereinabove, which pertain to extension of time for the purpose of filing written statement, we are of the opinion that the view expressed by the three-Judge Bench of this Court in Dr. J.J. Merchant (supra) should prevail.

16. In the case of Dr. J.J. Merchant (supra), which is on the same subject, this Court observed as under:

“13. The National Commission or the State Commission is empowered to follow the said procedure. From the aforesaid section it is apparent that on receipt of the complaint, the opposite party is required to be given notice directing him to give his version of the case within a period of 30 days or such extended period not exceeding 15 days as may be granted by the District Forum or the Commission. For having speedy trail, this legislative mandate of not giving more than 45 days in submitting the written statement or the version of the case is required to be adhered to. If this is not adhered to, the legislative mandate of disposing of the cases within three or five months would be defeated.

17. We are, therefore, of the view that the judgment delivered in the case of Dr. J.J. Merchant (supra) holds the field and therefore, we reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that..

18. There is one more reason to follow the law laid down in the case of Dr. J.J. Merchant (supra). Dr. J.J. Merchant (supra) was decided in 2002, whereas Kailash (supra) was decided in 2005. As per law laid down by this Court, while deciding the case of Kailash (supra), this Court ought to have respected the view expressed in Dr. J.J. Merchant (supra) as the judgment delivered in the case of Dr. J.J. Merchant (supra) was earlier in point of time. The aforestated legal position cannot be ignored by us and therefore, we are of the opinion that the view expressed in Dr. J.J. Merchant (supra) should be followed.

20. In view of the aforestated clear legal position depicted by a five- Judge Bench, the subject is no more res integra. Not only this three-Judge Bench, but even a Bench of coordinate strength of this Court, which had decided the case of Kailash (supra), was bound by the view taken by a three-Judge Bench in the case of Dr. J.J. Merchant (supra).

21. In view of the aforestated legal position, we are of the view that the law laid down by a three-Judge Bench of this Court in the case of Dr. J.J. Merchant (supra) should prevail. The Reference is answered accordingly.