Supreme Court Upholds Discretion of Calcutta High Court Division Bench in Allowing Late Filing of Written Statement by Respondent
Summary:
In the case of PIC Departmentals Pvt. Ltd. vs. Sreeleathers Pvt. Ltd., the Supreme Court dismissed an appeal challenging the judgment of the Calcutta High Court’s Division Bench, which had allowed the respondent, Sreeleathers Pvt. Ltd., to file a written statement in a suit that had been pending since 1999. The controversy arose when the respondent’s signboard allegedly obstructed a hoarding put up by the appellant, leading to a long-standing legal battle.
The main issue before the Supreme Court was whether the Division Bench of the High Court was correct in permitting the late filing of the written statement, despite procedural rules and an earlier judgment from the High Court disallowing such delays. The Court, however, emphasized that procedural rules should not overshadow substantive justice. Given the confusion caused by the High Court’s own records, which erroneously marked the suit as disposed of in 2000, the Supreme Court found the Division Bench’s decision to allow the late filing justified.
The Supreme Court stressed the importance of resolving cases on their merits rather than dismissing them on procedural technicalities, particularly when the fault lay partly with the Court’s administrative errors. The appeal was therefore dismissed, and the High Court was urged to expedite the resolution of the suit, given its prolonged history.
