JUDGEMENT
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(1.) IN course of submission, learned counsel for the respondents/opposite parties has submitted a revised statement of amount of interest which the respondents have now agreed to pay for the delayed payment on the total amount i.e. for the period of 11 months calculated from 4.5.2009 i.e. the date after lapse of the three months stipulated period, till the date of payment, @ 10% per annum.
(2.) COUNSEL for the petitioner raises a dispute claiming that the respondents by such calculation, have sought to conveniently avoid payment of interest for the period of 9 years commencing from 15.11.2000 till the date of final payment i.e. till today, although even as per the directions contained in the impugned order of this court, respondents' are liable to pay interest for the entire 9 years period during which the payments were intentionally withheld by the respondents.
As it appears, the petitioner had filed the writ application vide W.P.(C) No. 1311 of 2008* in the year 2008, challenging the order of the respondents dated 15.6.2007, issued by the Industries Department, Government of Bihar, whereby the respondents had declared that the petitioner company is not entitled to any power subsidy. Upon contest, by order dated 4.2.2009, the petitioner's prayer was allowed with a specific direction in the following terms to the respondent:
"The concerned respondents are directed to release the amount of power subsidy to the petitioner which had accrued from 9.5.1996 to 1999 -2000 (later, period was modified and specified as 8.3.1995 to 17.3.2000) alongwith interest @ 12% per annum, within three months from the date of this order. Since the period of claim of subsidy relates to the period prior to the date of reorganization of the State, the Department of Industries, Government of Bihar, shall pay the amount of power subsidy 8S claimed by the petitioner, in accordance with the directions herein.
(3.) THE opposite party has claimed through its show -cause replies that the direction as contained in the order dated 4.2.2009 have been complied with by making payment of Rs. 12,46,116.91 to the petitioner through his counsel. The opposite party has also conceded its liability to pay interest on the aforesaid amount for the delay of 11 months in making the payment.;
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