IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.652 of 2006 BIHAR STATE HOUSING BOARD Versus SMT.SUNAINA SHARMA & ANR ----------- For the Appellant : Mr. S.K.P.Sinha, Advocate ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 28th July, 2008. After having heard counsel for the appellant, we are satisfied that no interference is called for in the impugned order. We are afraid, the resolution passed by the Housing Board restricting its liability for payment of interest to the extent of 5% per annum cannot bind the Court if in a fact-situation because of gross delay on the part of the Housing Board, award of interest at higher rate is needed to be passed. 2. Seen thus, the order of the Single Judge directing payment of interest at the rate of 12.5% per annum from the date of receipt and payment cannot be said to suffer from any legal flaw. 3. L.P.A. is dismissed in limine. 4. In view of dismissal of L.P.A., stay application (I.A. No.4029 of 2006) does not survive. It is rejected accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-