M.N.Roy, J. - (1.) This revisional application, which was contested by the respondent Amiya Kumar Dasgupta, was directed against order No. 18, dated 30th May 1987, passed by the Learned Assistant District Judge, 10th Court, Alipore in Misc. case No, 40 of 1986, whereby the said Learned Court had rejected an application under Order 9 Rule 13 of the Code of Civil Procedure read with Section 151 of the Code and so also the application under Section 5 of the Limitation Act, 1963.
(2.) We are not narrating the facts, since the same has been appropriately narrated in this order under challenge. It appears that on or about 31st January, 1981 one Sri A. B. Syam, since deceased, was appointed Arbitrator, on an application under Section 8(2) of the Arbitration Act, 1940. After the death of the said Sri Syam, on or about 16th June, 1984, Sri G. C. Chatterjee was appointed Arbitrator and on 5th September, 1985, he made an award for Rs. 11,98,339.40p in favour of the respondent before us with pendente lite interest and interest on award at the rate of 15% per annum, from 17th February, 1981 until realisation of the amount as awarded.
(3.) There is also no doubt or any dispute that on or about 21st December, 1985, notice in terms of section 14(2) of the Act was received in the office of the petitioner, Food Corporation of India, which is a body corporate and constituted under the Food Corporation of India Act, 1964. The said notice was also admittedly received by their manager, who, we are informed now, was transferred on the relevant date, the particulars whereof will be indicated hereafter. Even on receipt of such notice under Section 14(2) of the Act, no steps were taken by the Food Corporation of India, the petitioner, in time and as such, on 30th May, 1986, a decree upon award was passed. There was no dispute about the dates.;