SABYASACHI BHATTACHARYYA,J. - (1.) The petitioner is a private limited company engaged in the work of civil construction. Pursuant to a tender issued by the respondents for widening and strengthening of the Calcutta - Basanti Road, the petitioner executed some work. Subsequently, the petitioner raised an escalation bill for an amount of Rs.52,57,672.47 p, out of which Rs.18,16,484/- was paid by the respondents. However, by a letter dated May 17, 2004, the respondents demanded refund of such payment, since, according to the respondents, no escalation charge was payable. The petitioner refused to refund such amount. The sum was deducted from the bills relating to other contracts between the same parties and the amount of Rs.18,16,484/- was realized from the respondents with regard to the work of a bridge over the river 'Hogol' at Sonakhali, also performed by the petitioner.
(2.) Being thus aggrieved, the petitioner preferred a writ petition bearing W.P. No. 212 of 2008 in the Original Side of this court and, vide Order dated March 17, 2009, a co-ordinate Bench of this court disposed of the same, setting aside the demand contained in the respondents' letter dated May 17, 2004 and directing the State to pay the entire amount of the escalation bill to the petitioner, save to the extent that the State could contest the veracity of. The learned Single Judge further directed that the payment should be released by the State to the petitioner with interest at the rate of six per cent per annum from May 17, 2004 till payment.
(3.) Learned counsel for the petitioner submits that, although the principal amount as directed was paid by the respondents, no interest was paid on the same, in violation of the order of the co-ordinate Bench. Several communications were made in that regard, but to no effect.;