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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Board Of Turstees For The Port Of Syama Prasad Mookerjee Port, Kolkata – Appellant
Versus
City Variety Stores – Respondent
| Table of Content |
|---|
| 1. legal standing of the board for trustees (Para 1 , 2 , 3 , 4) |
| 2. arguments against the locus of the opposite party (Para 7 , 8 , 12) |
| 3. allegations of mala fides and suppression of facts (Para 9 , 10 , 11) |
| 4. opposite party's position on delay and appeal (Para 14 , 19) |
| 5. judicial discretion under article 227 (Para 25 , 27 , 28) |
| 6. final orders set aside (Para 30 , 31) |
Judgement :
CHAITALI CHATTERJEE DAS, J.
1. The petitioner being Board of Trustees for the port of Shyama Prasad Mukherjee Port, Kolkata (formerly known as Board of Trustees of the Port of Kolkata) a statutory body constituted under the Major Port Trust Act, 1963 has come before this Court under Article 227 of the Constitution of India challenging an order dated 11th September, 2024, dismissing the application filed by the petitioner for recalling of the order dated 9th April, 2024, for condonation of delay and admission of appeal.
2. Shorn of any unnecessary details the case of the petitioner emanated from a proceeding initiated under the Public Premises, Eviction of Unauthorised Occupants Act, 1971, hence forth to be referred as the Act of 1971 in respect of a premises situated at the first floor of SP Muk
Natural justice requires a party to be heard before any order that affects their rights is decided, particularly in matters of condonation of delay under statutory provisions.
The court emphasized that delay in filing a restoration application undermines the right to challenge prior orders, reinforcing the principle that the law of limitation must be strictly applied.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
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