(1.) This matter has been referred by a learned Single Judge for deciding the following question :-
(2.) The learned Single Judge has referred the aforesaid question to the Division Bench as the learned Single Judge found that conflicting views were expressed by the learned Single Judges of this Court in that regard.
(3.) Before resolving the conflict between the aforesaid two views, firstly, we will refer to the facts of this case which may have some relevance for the view that we may take ultimately while answering the reference.