IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.759 of 2008 1. BIHAR STATE FINANCIAL Corporation, Fraser Road, Patna- through its Managing Director. 2. Managing Director, Bihar State Financial Corporation, Fraser Road, Patna- 800001 3. Branch Manager, Bihar State Financial Corporation, Motihari Branch, 1st lane, Agarwa, Motihari, East Champaran 4. Deputy Manager, Bihar State Financial Corporation, Motihari Branch, 1st lane, Agarwa, Motihari, East Champaran Versus 1. RADHA FLOUR MILLS PVT.LTD, a company registered under the Companies Act, 1956 having its registered office at Radhanagar, Motihari, East Champaran- through its Managing Director, Sri Shambhu Nath Sikaria, son of late Radha Krishan Sikaria, resident of Radhanagar, Motihari, East Champaran 2. Shambhu Nath Sikaria, son of late Radha Krishan Sikaria, resident of Radhanagar, Motihari, East Champaran ----------- 4 02-09-2009 Heard the parties and perused the order under appeal dated 6-8-2008. The writ petitioner/respondent herein wanted to repay the entire dues of the Bihar State Financial Corporation and he did so by paying the entire amount in the concerned branch office on 24-5-05. After two months writ petitioner was sent a demand of further amount of Rs. 1,54,966.95/- and he was communicated that if he pays this additional amount by 31-8-05 then only no dues certificate would be issued by the Corporation. The writ court has noticed the letter of the Corporation dated 3-4-07 (annexure-18) which has been extracted in the order under appeal. That letter shows that there was mistake in charging interest in the loan amount of the writ petitioner at the initial stage in the years 1990, 1991, 1992 and 1993. The writ court has calculated the amount of interest charged less as given in the Corporation’s letter and found that amount to be Rs. 2 29, 702.40/-. Since the amount of interest charged less was alleged to be of the years 1990-1993, the Corporation had calculated interest over that amount to raise a demand of Rs.1, 54,966.95/- and according to Corporation, the said amount had grown further because non payment of interest. The writ court has noticed the arbitrariness on the part of Corporation in trying to enrich itself on account of its on fault in not calculating interest properly and recalculating the same after several years. The writ court in equity has permitted the Bihar State Financial Corporation to claim only the principal amount of Rs. 29, 702.40/- which is actual amount of interest charged less as per the Corporation but has not allowed interest over that amount. Considering all the facts and circumstances and particularly noticing that concerned years for which the interest was allegedly charged less are of 1990-1993 and recalculating is being done by the Corporation in the year 2005 only after the writ petitioner paid the entire outstanding dues, we find no good reason to take a contrary view in the matter. The appeal is, therefore, dismissed. BKS/- (Shiva Kirti Singh, J.) (Jyoti Saran, J.)