B.P. KHEMKA PVT. LTD. vs BIRENDRA KUMAR BHOWMICK & ANR.

The Supreme Court interpreted Sections 17(1), 17(2A), and 5 of the West Bengal Premises Tenancy Act, 1956, and the West Bengal Premises Tenancy (Amendment) Ordinance VI of 1967, holding that tenants can apply for payment of rent arrears in installments even if suits are pending, with a one-month limitation period for such applications. The Court ruled that the term 'shall' in Section 17(3) is directory, allowing discretion to the court in striking out defenses based on defaults in rent payment. The judgment emphasized a liberal interpretation of remedial amendments to avoid conflicts between statutory provisions.