Summary
In an appeal against rejection of execution as time-barred, the Court called upon Damodar Valley Corporation to propose a conciliatory payment before further adjudication. It criticised prolonged objections after the arbitral award had become a decree without appeal and the resulting interest burden. The order did not finally decide limitation, restore execution or quantify compensation.
Issues
- Whether the public-sector corporation should offer conciliation in light of its conduct before the Court determined the execution dispute.
Provisions considered
- Order XX Rule 6A, Code of Civil Procedure, 1908The reproduced decree-preparation provision was contrasted with the prolonged delay and objections in drawing the formal decree. (¶ 10–12)
Held
- The award had been made a rule of court with ten-percent interest, but the corporation neither appealed nor complied and continued objecting at successive stages. The Court considered that conduct inconsistent with responsible public-sector litigation. (¶ 8–13)
- Before deciding the legal dispute further, the corporation was required to adopt a conciliatory approach and submit an affidavit proposing compensation. The competing limitation submissions were recorded but not finally resolved. (¶¶ 7, 14–15)
Result
Matter adjourned for six weeks for the corporation’s affidavit and conciliatory proposal; appeal remained pending.