ORDER

Ashok Bhushan, J.

This appeal has been filed against the judgment of the Calcutta High Court dated 09.08.2016 by which the application under Article 227 filed by appellant, challenging the order and judgment dated 06.07.2015 of the Civil Judge (Senior Division), Durgapur has been dismissed. The appellant is a decree holder whose application to execute the decree has been rejected as barred by time which order has been affirmed by the High Court by the above mentioned judgment. Aggrieved by the judgment of the High Court, the appellant has come up in this appeal. The respondent to the appeal is a public sector corporation, namely, Damodar Valley Corporation(hereinafter referred to as 'Corporation').

2. The present is a classic example of ill effects of prolonging litigation by parties and specially, when one of the party is a public sector corporation. The brief facts necessary to be noted for deciding this appeal are:

3. The appellant was given a contract for construction of a new administrative building for the Corporation in the year 1983. The disputes and differences arose between the parties. The appellant requested for appointment of an arbitrator, which was not acceded to b