M/S. SMART ENTERPRISES Vs. SHREE RAM TRUST

JUDGEMENT

(1.) This petition and, indeed, the application that was filed by the petitioner in the Trial Court, the rejection whereof has given rise to the present petition, may have been wholly unnecessary.

(2.) The petitioner is the defendant in an eviction suit. The petitioner did not apply or make any payment within the one-month period as envisaged in Section 7 of the West Bengal Premises Tenancy Act, 1997 and applied sometime thereafter, both under Section 7(1) of the said Act and under Section 7(2) thereof. The application under Section 7(2) of the Act is still pending. The application under Section 7(1) of the Act was disposed of by permitting the petitioner to make the payment or the deposit at the petitioner's risk.

(3.) Upon the petitioner seeking to make the deposit, the department of the Trial Court refused to accept the same on the ground that it was not made within the time permitted under the relevant provision. The petitioner thereupon applied for permission to make the monthly deposits. Such application has been dismissed by the order impugned dated July 17, 2017.