ASHOK BHUSHAN,J. - (1.) This appeal has been filed against the judgment of the Calcutta High Court dated 09.08.2016 by which the application under Article 227 filed by appellant, challenging the order and judgment dated 06.07.2015 of the Civil Judge (Senior Division), Durgapur has been dismissed. The appellant is a decree holder whose application to execute the decree has been rejected as barred by time which order has been affirmed by the High Court by the above mentioned judgment. Aggrieved by the judgment of the High Court, the appellant has come up in this appeal. The respondent to the appeal is a public sector corporation, namely, Damodar Valley Corporation(hereinafter referred to as 'Corporation').
(2.) The present is a classic example of ill effects of prolonging litigation by parties and specially, when one of the party is a public sector corporation. The brief facts necessary to be noted for deciding this appeal are:
(3.) The appellant was given a contract for construction of a new administrative building for the Corporation in the year 1983. The disputes and differences arose between the parties. The appellant requested for appointment of an arbitrator, which was not acceeded to by the Corporation, an arbitrator was appointed by the Civil Court who gave an award dated 24.05.1988, awarding a sum of L 5,78,873/. The award was filed in the Civil Court and various objections were raised by the Corporation in the Court. The Civil Court vide its order dated 16.03.1991 after rejecting the objections of the Corporation accepted the award dated 24.05.1988 and decree was passed in terms of the award with interest at the rate of 10 per cent per annum. Neither any payment was made by the Corporation, after the award nor any appeal was filed against the order of the Court dated 16.03.1991.;