Banerjee, J. - (1.) It is now a well-settled principle of law that by reason of an error or omission, be it factual or otherwise, on the part of the Law Court, a litigant public cannot and ought not to be allowed to suffer since the Law Court's primary consideration is to sub-serve the ends of justice and the law is well settled and as such we need not detain ourselves on that score.
(2.) The contextual facts depict that on 20th July, 1983 an award was made and published by the learned Arbitrator whereby the respondent was directed to pay to the appellant an amount of Rs. 24, 47,080/- in full and final settlement of the claim. The award provided further that in the event the sum was not paid to the appellant within 45 days from the date of the award, the awarded sum would carry interest at the rate of 9% per annum from the date of expiry of the aforesaid 45 days.
(3.) The records depict that subsequent to the award, an application made by the respondent herein for setting aside the award was dismissed by the learned Single Judge on 9th January, 1984 and consequently on 11 January, 1984 a decree was passed in terms of the award. The matter, however, was taken before the Appellate Court by the respondent against the order dated 9th January, 1984 (that is to say against the order of dismissal of the application for setting aside the award). Incidentally be it noted here that there was no appeal from the decree. Subsequently, the Appellate Court by an order dated 8th January, 1986 was pleased to remand the matter back to the learned Trial Judge for hearing of the setting aside application and on 27th July, 1988 by his judgment and order a learned Single Judge was pleased to dismiss the setting aside application on remand. It appears that on 4th October, 1988 the Advocate for the appellant intimated the General Manager of the respondent calling upon him to pay the sum awarded along with interest in terms of the decree dated 11th January, 1984. On 12th October, 1988 the records depict, a learned Single Judge of this Court was pleased to pass another decree in terms of the award dated 29th July, 1983 and awarded interest @ 9% p.a together with an order for costs. The contextual facts reveal that on 31st October, 1988 the respondent did write a letter to the decree-holder stating that the order and judgment of the High Court dated 27th July, 1988 stand accepted and the respondent had decided to comply with the order and' to make payment of the awarded sum of Rs. 24,47,080/-. The appellant was requested to collect payment of the said sum and sign no claim certificate. Be it noted that while no claim certificate was furnished by the appellant in a Form as prepared by the appellant on 2nd December, 1988 a letter was sent to the respondent on 1st December, 1988 recording therein that the no claim certificate was being signed for the principal sum award in terms of the award less Income Tax and the certificate does not include or cover interest on the awarded sum in terms of the award which shall be payable by the Railways as decreed by the Court.;