Dipak Misra, C.J.

The present intra-court appeal is directed against the order dated October 6, 2006 passed by the learned Single Judge in Execution Petition No. 70/2003 arising out of C.S. No. 1494/1993.

2. At the very outset, we may note with profit that the present appeal was initially registered as EFA (OS) No. 23/2006 and thereafter, on 5.1.2006, recording the submission of the learned counsel for the appellant that the same should have been registered as an LPA, it was directed that it should be registered as an LPA. The issue of maintainability of the appeal was kept open. In the course of hearing of the appeal, the learned counsel for the parties fairly conceded that the appeal be decided on merits without adverting to the issue whether EFA would lie or an LPA would lie. Accordingly, we proceed to deal with the merits of the appeal keeping the issue of maintainability open.

3. The facts which are essential to be stated for adjudication of the appeal are that the respondent was awarded the work of supply, installation, testing and commission of electrical system at Hotel Ashok, Bhopal (MP) by the India Tourism Development Corporation (ITDC) vide Work Order dated 11.10.1985. As