- (1.) THE present appeal is filed against the judgment dated 13.8.2008 passed in W.P.(C)No. 5685 of 2007, directing the appellant -State of Jharkhand to release the admitted dues of Rs.2,55,079/ - payable to the respondents along with interest at the rate of 12% per annum from the date it is due till the final payment.
(2.) THE respondent is a registered contractor and supplier and entered into an agreement for completions of drilling tube wells vide Agreement No. F2 -14/2002 -03 and as per the terms of the Agreement, the respondent was required to complete the work allotted to him by 31.03.2003.
(3.) DURING the pendency of the contract, the respondent submitted the account bill and the amount of that bill was paid to the respondent and the second and final bill amounting to Rs.2,55,079/ - was submitted by the petitioner in the next financial year on 19.9.2003. Due to the delay in submission of the bill, the fund for the financial year 2002 -03 had lapsed. In the subsequent financial year no allocation of fund for the payment of respondent was made. Inspite of the repeated request, when the amount was not paid to the respondent, the respondent filed a writ petition being W.P.(C) No. 5685 of 2007 with a prayer to make payment of the admitted dues of Rs.2,55,079/ - payable to the respondent on account of execution of certain works, pursuant to the Agreement No, F2 -14/2002 -03. During the pendency of the writ petition, the final bill of Rs.2,55,079/ - has been paid to the respondent and after passing the final bill, his security deposit of Rs.12,754/ - wasalso refunded to him.;