Authority: Supreme Court of India

Order Date: 07-08-2026

Case Overview

  • Petition: Special Leave Petition (Civil) Diary No. 43744/2026 filed by the Board of Trustees for the Port of Kolkata.
  • Respondent: M/S Libra Trading and Shipping Agency.
  • Origin: The petition arose from an impugned final judgment and order dated 23-12-2025 in CO No. 4308/2025 passed by the High Court at Calcutta.
  • Related Applications: IA No. 214795/2026 (condonation of delay in filing IA No. 214793/2026) and exemption from filing C/C of the impugned judgment.
  • Background: There exists an eviction order against the respondent dated 10.12.2007. The respondent filed an appeal against this eviction order, which has been pending before the Additional District Judge, Fast Track, First Court at Howrah since 2008.
  • The petitioner approached the High Court seeking early disposal of the pending appeal. The High Court disposed of the revision application, directing the appellate court to decide the miscellaneous appeal within six months—a deadline that has already elapsed.

Order Details

1. Delay Condoned – The Supreme Court condoned the delay in filing the Special Leave Petition.

2. Pending Eviction Order – Recognised the eviction order dated 10.12.2007 and the ongoing appeal before the Additional District Judge, Fast Track, First Court, Howrah.

3. High Court Direction – Noted that the High Court had directed the appellate court to dispose of the miscellaneous appeal within six months, a period that is now over.

4. Directive to Lower Court – The Supreme Court ordered the Additional District Judge, Fast Track, First Court at Howrah to decide the pending Miscellaneous Appeal No. 10 of 2008 within three months from the date of this order.

5. Compliance Report – The concerned lower court must submit a compliance report to the Supreme Court.

6. Disposition of Other Applications – Any other pending applications, if any, are to stand disposed of.

Final Outcome

  • The Supreme Court condoned the filing delay, directed the lower court to dispose of the pending appeal within three months, required a compliance report, and ordered disposal of all other pending applications.

Topics: Legal Procedure, Port Authority Dispute, Appeal Disposal