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Supreme Court of India 2017-08-16 remanded

Misra and Co vs Damodar Valley Corporation

Bench: 2 — Ashok Bhushan

In Brief

In this appeal, the Supreme Court considered whether execution of a decree against a public sector corporation was barred by the 12-year limitation period under the Limitation Act. A contractor obtained an arbitration award in 1988 that was made a decree in 1991, but the corporation neither paid nor appealed. When execution was sought in 2006, limitation was pleaded. While acknowledging that limitation generally runs from judgment pronouncement, the Court emphasized that corporations should not prolong litigation through frivolous objections. The Court remanded the case, directing the corporation to make a conciliatory settlement proposal rather than benefit from its own dilatory tactics."

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Arbitration Execution of Decree Limitation Judicial Review Civil Procedure

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