IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.753 of 2011 ------------- Appeal against the Judgment and Order dated 30-11-2010 passed by a Bench of this Court in C.W.J.C. No. 13725 of 2010 ---------- 1. The State Of Bihar 2. The Bihar State Agriculture Marketing Board ( Abolished ), Pant Bhawan, Bailey Road, Patna. 3. The Administrator, Bihar State Agriculture Marketing Board (Abolished) Pant Bhawan, Bailey Road, Patna. 4. The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 5. The Principal Secretary, Personnel and Administrative Reforms Department,Government of Bihar, Patna. 6. The Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna....................... Appellants Versus 1. The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, Bihar, Bhavishya Nidhi Bhawan, Road No.6, R- Block, Patna..... Respondent (Petitioner ) 2. The Presiding Officer, Employees Provident Fund, Appellate Tribunal, New Delhi.......................................... Respondents ------------ 4 17-8-2011 Heard the parties in respect of Limitation Petition ( I.A. No. 3361 of 2011). For the reasons mentioned in the said petition the delay of about 106 days in preferring this appeal is condoned. The I.A. stands allowed. On hearing the parties we find that no issue has been decided by the writ court by the interim order which has been made subject matter of this appeal but an observation has been made that if the writ petition preferred by the respondent, Bihar State Agriculture Marketing Board 2 (C.W.J.C. No. 17853 of 2010) succeeds, the petitioner therein shall be entitled to interest at the rate of 7% from the date of deposit till the date of the institution of the other writ petition ( C.W.J.C. No. 13725 of 2010). The appellant is more aggrieved by further observation in the interim order by which grant of future interest has been left open for consideration at the time of final hearing but after recording satisfaction that no liability for interest can be fixed on the petitioner of C.W.J.C. No. 13725/2010 ( the respondent herein) for the period when the matter may remain pending before this Court for hearing. In our considered view, when the two writ petitions one preferred by the Assistant Provident Fund Commissioner and the other by the Bihar State Agriculture Marketing Board which has now been merged in the State of Bihar, have been admitted for hearing, the issue of appropriate interest will depend upon the outcome of the writ petitions and it should be left open for consideration for the court concerned hearing the writ petitions finally. In that view of the matter, the observations or directions in respect of entitlement of interest are modified 3 in totality and the grant of appropriate interest to the deserving parties is left open for decision at the time of final hearing. This appeal is allowed to the aforesaid extent. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey, J )