SIDDHARTHA CHATTOPADHYAY,J. - (1.) The Court :- This appeal demonstrates the colossal lack of accountability on the part of public servants who draw their salary from tax-payers' contributions and collude with private parties to cause loss to the corporations or the public bodies that they serve or look to unlawful personal gains at the expense of their employers.
(2.) The appeal arises out of an order dated March 30, 2017 by which several months have been excluded from the time taken by the respondent to carry its challenge to the appropriate forum by resorting to Section 14 of the Limitation Act, 1963. The single Bench has observed that if the application for exclusion of time to reckon the period of limitation were to be dismissed "it would amount to an award of about Rs.4 crores being confirmed ... without any opposition on merits." It has also been observed in the order impugned that the respondent herein "was a little slow in their movement" and that "latitude has to be given to a public corporation" or else "the state machinery will break down."
(3.) The facts relevant for the present exercise may be seen. It is not in dispute that in respect of the same arbitration agreement a petition under Section 9 of the Arbitration and Conciliation Act , 1996 was filed in this Court in the year 2005. AP No.183 of 2005 was disposed of by a speaking order of August 1, 2005 upon recording the submission on behalf of the respondent herein on the merits of the disputes between the parties. It is best that Section 42 of the Act of 1996 is noticed at this stage.;