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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
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 Mukherjee port, Kolkata, canning warehouse on the west side of Strand Road against the present Opposite Party City Variety stores.
3. The said premises was on month to month license basis occupied by the Opposite Party with effect from first January, 1979 with the standard license fee of Rs 355/- per 100.Sq. Metres per mensem along with other applicable taxes. Such license was later on
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.
The Central Government cannot entertain a revision petition filed beyond the statutory six-month limit, regardless of claimed health reasons, emphasizing the need for strict adherence to limitation p....
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
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