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Patna High CourtCWJC/13293/2025dismissed

J. D. Healthcare v. The State Of Bihar

2025-12-08Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13293 of 2025 ====================================================== J. D. Healthcare through its Proprietor Shyama Kumari, Female, aged about 35 years, W/o Bishundeo Thakur, Resident of Mohalla-Ayachinagar Benta, Ward No. 35, P.O.-D.M.C., P.S.-Laheriasari, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Dept. of Health, Government of Bihar, Patna.

2.

The Principal Secretary, Dept. of Health, Govt. of Bihar, Patna. 3.

The Bihar Health Society, Sheikhpura, Patna.

4.

The Director, Bihar Health Society, Sheikhpura, Patna. 5.

The Administrator, Bihar Health Society, Sheikhpura, Patna. 6.

The Regional Additional Director, Health Services, Bhagalpur Division, Bhagalpur.

7.

The Civil Surgeon cum Chief Medical Officer, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ugranath Mallik For the Respondent/s :

Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2025

1. Heard the parties.

2. Petitioner has filed the present writ application for payment of interest for a period of five years for delayed payment of the amount towards supply of medical equipment, medicines and consumables pursuant to drugs supply contract dated 09.11.2017.

3. Learned counsel for the petitioner submits that petitioner supplied drugs and other consumables worth Rs. 1,54,000/- in the year 2017 but payment has been made to the petitioner on

Patna High Court CWJC No.13293 of 2025(2) dt.08-12-2025 2/3 29.04.2018 having cheque no. 717884 dated 02.02.2018. The petitioner deposited the cheque on 30.04.2018 but due to expiry of validity period of the cheque the bank did not honour the same. The petitioner approached the authority for re-issuance of cheque and the same was issued on 01.09.2025 after filing of the writ petition. Accordingly, submission is that petitioner is entitled for interest on the admitted amount of Rs. 1,54,000/- for a period of about five years.

4. On the other hand, learned counsel for the State submits that Civil Surgeon cum Chief Medical Officer, Bhagalpur had issued a cheque of Rs. 1,54,000/- dated 02.02.2018 in favour of the petitioner. The petitioner deposited the said cheque in bank on 30.04.2018 but the same could not be encashed as the validity period of the cheque had lapsed. However, the respondent issued fresh cheque of Rs. 1,54,000/- on 01.09.2025 having cheque no. 617330.

5. I have heard learned counsel for the parties and have gone through the material on record. It appears that the cheque dated 02.02.2018 was handed over to the petitioner on 29.04.2018 and from the date of mentioned in the cheque i.e. 02.02.2018 the validity expired on 02.05.2018 after three months. Both the parties have agreed that cheque was deposited

Patna High Court CWJC No.13293 of 2025(2) dt.08-12-2025 3/3 on 30.04.2018 and as on 30.04.2018 three months period had not elapsed and cheque appears to be valid on that date.

6. However, considering the fact that cheque amount has been paid to the petitioner and there is no statutory interest provided in the statute and / or in the work order, I do not feel it expedient to direct the authorities to pay interest on the aforesaid amount to the petitioner. This writ application has no merit and the same is dismissed.

(Anil Kumar Sinha, J) praful/- U