Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government litigation - Prolonging of - Contract between appellant and respondent-public sector corporation - Award by Arbitrator against the Corporation |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Government litigation - Prolonging of - Contract between appellant and respondent-public sector corporation - Award by Arbitrator against the Corporation - Civil Court vide order dated 16.03.1991 passed decree in terms of the award - Application by appellant on 19.07.2000 for drawing of decree - Preparation of decree directed by Court on 21.02.2003 - Application for execution of decree by appellant on 30.06.2006 - Objection by Corporation that execution is barred by limitation - Trial court held the execution to be barred by limitation - Challenge before High Court, dismissed - On appeal, held: Public sector institutions should not enter into prolonged litigation and spend considerable sums of public money in cases which should have been adjusted by conciliatory and wise attitudes - In the facts of the case, award of the arbitrator was made rule of the Court on 16.3.91 and the Court decreed the award - However, neither the Corporation complied with the decree nor chose to file an appeal - It raised various objections at every stage which precluded the appellant from taking fruits of decree till now - Further, even according to the respondent, limitation period of twelve years had not run out from 16. 03.1991 - Corporation to come up with conciliatory proposal to compensate the appellant - Code of Civil Procedure, ยท1908 - Or.XX. r.6A. |
Judge | N/A |
Neutral Citation | 2017 INSC 751 |
Petitioner | M/s Misra And Co. |
Respondent | Damodar Valley Corporation |
SCR | [2017] 8 S.C.R. 852 |
Judgement Date | 2017-08-16 |
Case Number | 10502 |
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