IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.233 of 2011 B.R.A.Bihar University & Ors Versus Dr.Raghupati Sahai Bilgrami & Ors. ----------- 4 13-07-2011 Learned counsel for the appellant University submits that a copy of memorandum of appeal has been served upon counsel for the respondent- writ petitioner pursuant to order of this court dated 5-7-2011 and name of Dr. Pawan Kumar, advocate appears in the daily cause list as counsel for the respondent but he does not appear to contest this appeal. The writ petition is still pending and the University has raised a grievance only against direction to the University that a substantial amount of money, more than 12 lacs, already paid by the University should carry interest at the rate of 12% per annum from the date the amount was due till the date of payment to the petitioner. According to learned counsel for the University, the writ petition claiming dues for the period 1986 onwards was filed in the year 2010 with a claim of about Rs. 8 lacs but the University took a fair stand and 2 after calculation Rs. 12 lacs was paid to the writ petitioner during the pendency of the writ petition. According to learned counsel for the University instead of considering the delay in preferring the writ petition, the delay in payment has been attributed to the University without any explanation as to why the writ petition was not preferred earlier. Since the writ petition is still pending before the writ court, we would not like to express any view in the matter. However, in the interest of justice, the direction to pay the interest on the amount already paid by the University shall remain in abeyance till final decision is taken in the pending writ petition. Any direction for interest may be made by the writ court at the time of final disposal of the writ petition after considering all the relevant facts. The appeal is disposed of. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)