SUJIT NARAYAN PRASAD,J. - (1.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order passed in Case No.JHMSEFC 2/2016 dated 04.03.2016, whereby and whereunder, the claim as has been agitated by the petitioner for adjudication regarding the amount of interest over the principal amount has been held to be not maintainable and therefore, the claim has rejected at admission stage.
(2.) It is the case of the petitioner that earlier to the instant writ petition, one other writ petition was filed being praying inter-alia therein:- "(i) For issuance of an appropriate writ or writs in the nature of mandamus directing upon the respondents to make payment of the admitted dues of the petitioner in relation to award of contract for printing and supply of C.C.E. Report Card for all children enrolled in Elementary schools from class-I to VIII for Academic Session 2012-13 pursuant to work order issued in favour of the petitioner vide letter no.QU/48/2013/226 dated 08.02.2013 in terms of notice inviting tender published vide letter no.JEPC/QU/06/2008/2346 dated 06.12.2012 issued by respondent no.1 inasmuch as in spite of completing the work order for printing and supplying of C.C.E. Report Card in terms of the work order dated 08.02.2013 and the agreement executed between the respondents and the petitioner, the payments are not being released without assigning any reason as a consequence of which the petitioner is not able to procure fresh tender due to paucity of funds; (ii) For issuance of an appropriate writ, order or direction for declaration that the petitioner is entitled to get payment of Rs.3,80,05,000/- for the work done by the petitioner for printing and supplying of C.C.E. Report Card as per work order issued in favour of the petitioner vide letter no.QU/48/2013/226 dated 08.02.2013 inasmuch as the contract executed between the petitioner and the respondents is the concluded contract between the parties and as such, there is no justification for not releasing the legitimate dues of the petitioner; (iii) For issuance of an appropriate writ, order or direction upon the Respondents for making payment of compound interest (with monthly interests) @ 12% on the amount of Rs.3,80,05,000/- due to the supplier from the date immediately following the date agreed upon under the provisions of Section 4 and 5 of "The Interest On Delayed Payments To Small Scale And Ancillary Industrial Undertakings Act, 1993" for printing and supply of C.C.E. Report Card for the Academic Session 2012-13 pursuant to work order issued vide letter no.QU/48/2013/226 dated 08.02.2013 inasmuch as Respondents have accepted the supply of C.C.E. Report Card delivered to it in each district of the State of Jharkhand and the same has been utilized under the direction of the respondents and as such, the acceptance and enjoyment would afford a valid basis for claim of compensation against the Respondents"
(3.) The respondents have appeared and filed counter affidavit wherein, it has been brought to the notice of this Court that the principal amount has been paid and the claim of interest has been disputed upon which, the petitioner has filed one interlocutory application being I.A.No.6515 of 2015 praying therein for withdrawal of the writ petition on the ground that since the principal amount has been paid, therefore, the claim regarding the interest will be agitated before the Council, since the same has been disputed in the counter affidavit. This Court vide order dated 17.12.2015 has allowed to withdraw the writ petition by disposing of the interlocutory application and in pursuance thereto, the claim has been agitated by the petitioner before the Council but the same has not been decided on merit by holding therein that the claim is not maintainable and as such against such order, present writ petition has been filed.;