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Supreme Court - Daily Orders

Rampuria Estates Pvt. Ltd vs M/S Bijay Tractor Spares Pvt. Ltd on 31 January, 2025

Author: Sanjay Karol

Bench: Sanjay Karol

     ITEM NO.23                              COURT NO.16                     SECTION XVI

                                   S U P R E M E C O U R T O F          I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s).31640/2024

     [Arising out of impugned final judgment and order dated 16-04-2024
     in SA No.313/2005 16-04-2024 in SA No.316/2005 passed by the High
     Court at Calcutta]

     RAMPURIA ESTATES PVT. LTD.                                              PETITIONER(S)

                                                        VERSUS

     M/S BIJAY TRACTOR SPARES PVT. LTD.                                      RESPONDENT(S)

     FOR ADMISSION and I.R.
     IA No. 12250/2025 - CONDONATION OF DELAY IN REFILING /                         CURING THE
     DEFECTS

     Date : 31-01-2025 This matter was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE SANJAY KAROL
                             HON'BLE MR. JUSTICE K.V. VISWANATHAN

     For Petitioner(s) :Ms. Mamta Tiwari, Adv.
                        M/S. Fm Associates, AOR
                        Ms. Swati Sinha, Adv.
                        Mr. Vijay Kumar, Adv.
                        Mr. Parth Awasthi, Adv.

     For Respondent(s) :Mr. Shuvasish Sengupta, Adv.
                        Mr. Soumya Dutta, AOR
                        Mr. Siddhant Upmanyu, Adv.

                           Upon hearing the counsel the Court made the following
                                                 O R D E R

1. Delay condoned.

2. Inviting our attention to the decisions rendered by this Court in (2004) 7 SCC 1 (Singer India Ltd. v. Chander Mohan Chadha and Others) and (2005) 1 SCC 31 (Joginder Singh Sodhi vs. Amar Kaur), Ms. Mamta Tiwari, learned counsel for the petitioner, submits that Signature Not Verified the Courts below have erred in correctly applying the principles of Digitally signed by KANCHAN CHOUHAN Date: 2025.02.01 16:58:24 IST Reason: law in returning finally and arriving at conclusions that are 1 erroneous in law.

3. Mr. Sowmya Dutta, learned counsel, accepts notice for the respondent.

4. Response, if any, be filed within two weeks.

5. The dispute is primarily between the landlord and tenant, which, in our considered view, must be resolved amicably.

6. Learned counsel for the parties are directed to take instructions for resolving the dispute amicably.

7. List on 28.02.2025.

(D. NAVEEN)                                                      (ANU BHALLA)
COURT MASTER (SH)                                             COURT MASTER (NSH)




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