UMESH CHANDRA 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 11th January, 1984 a decree was passed in terms of the award. The matter, however, was taken before the Ap