The State Of Bihar And ORS v. M/S Madan Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.201 of 2017 ====================================================== 1.

The State Of Bihar 2.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna.

4.

The Chief Engineer Yatayat, North Bihar, Road Construction Department, Darbhanga.

5.

The Superintending Engineer, Road Construction Department, Road Circle, Saharsa.

6.

The Executive Engineer, Road Construction Department, Road Division, Saharsa.

... ... Petitioner/s

Versus

M/s Madan Kumar Singh Son of Ram Nandan Prasad Singh Resident of Naya Bazar, P.S, Sadar Saharsa, District - Saharsa. ..... . Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Shekhar, Advocate (AC to GP-13) For the opposite parties :

Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-08-2022 Heard learned counsel for the parties.

This Revision Petition has been filed by the State of Bihar and its authorities against the award dated 25.01.2017 passed in Reference Case No. 84 of 2015 by Bihar Public Works Contracts Disputes Arbitration Tribunal, Patna. During argument, learned counsel for the State fairly submits that entitlement of interest awarded in the impugned award is simple interest at the rate of 10 % per annum from the date of filing till realization, which is required to be modified.

Patna High Court C.R. No.201 of 2017(9) dt.08-08-2022 2/2 He has submitted that for the period from the date of award till the date of realization the rate of simple be calculated at the rate of 6 % per annum, instead of 10 % per annum. He has no objection of the rate of simple interest as 10 % per annum for the period from the date of filing till the date of award. Learned counsel for the respondent has given consent for the same. However, he has submitted that the due amount calculated on the modified rate of interest for the aforesaid period may be directed to be paid within three months from the date of this order.

Considering the submission of learned counsel for the parties and without going into the merit of the case, this Civil Revision petition is disposed of with the direction, as prayed for by learned counsel for the parties, that for the period between date of award and realization of awarded amount, the rate of simple interest shall be calculated at 6% per annum and the payment shall be done preferably within three months. Accordingly, this Civil Revision petition and the interlocutory applications are disposed of.

(Sunil Dutta Mishra, J) saurabhkr/- U