JUDGMENT :

Shampa Sarkar, J.

1. These civil revisional applications from the Circuit Bench at Jalpaiguri, have been referred to this Bench at the principal seat at Calcutta, in view of the divergent opinions of two learned Single Judges of this Court. The moot question involved in the applications is whether the Court can extend the time for depositing the admitted arrear rent together with statutory interest as provided in Section 7(1) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the said Act), upon condoning the delay under Section 5 of the Limitation Act, 1963. The Hon’ble Chief Justice constituted this Bench to answer the reference. The points for reference are thus:-

a) Whether the High Court, be it Single or Division Bench, can take a decision which runs counter to the decision of the Hon’ble Apex Court, which is binding on all Courts including the High Court by virtue of Article 141 of the Constitution of India.

b) Whether the Single Bench can take a different view to the view of the Hon’ble Apex Court, where it is clearly laid down that the tenant cannot take recourse to Section 5 of the Limitation Act in relation to the provision contained under Se