IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.704 of 2008 1. The State Of Bihar through the Secretary, Energy Department, Patna-15. 2. The Engineer-in-Chief, Deppt. Of Energy, Irrigation Bhawan, Patna.-15 3. The Electrical Superintending Engineer, Electrics Work Circle Patna. 4. The Electrical Executive Engineer, Electric Works Division, Patna. .. Appellants/Respondents Versus National Small Industries Corporation Ltd. through it’s Branch Manager, Branch Office, N. S.I.C., Patna 4th Floor, Shahi Bhawan, Exhibition Road, Patna. … Respondent/petitioner. --------- For the appellants : Mr. Jagnnath Singh, A.C. to G. P. IX For the respondent : Mr. Shrinandan Pd. Singh, Adv. : Mr. Ram Nandan Pd., Adv. : Mr. Ashok Kumar No. 1, Adv. ----------- 6. 13.04.2010 I. A. No. 5455 of 2008 This is an application for condonation of delay of 107 days in preferring the appeal. Having heard Mr. Jagnnath Singh, learned counsel for the State and Mr. Shrinandan Pd. Singh, learned counsel for the respondent, we find sufficient cause does exist for condonation of delay and accordingly the delay in filing the appeal is condoned. I. A. No. 5455 of 2008 stands disposed of. L. P. A. No. 704 of 2008 As we have condoned the delay in preferring 2 the appeal, we are inclined to take up the appeal for admission. Admit. On consent of learned counsel for the parties it is finally heard. In this intra-court appeal, the assail is to the order dated 18.4.2008 passed by learned single Judge in CWJC No. 9032 of 2005 whereby the learned single Judge has directed the appellant and its functionaries to make payment of dues in full as contained in Annexures- 3 and 6 within two months failing which they shall carry simple interest at the rate of 6% per annum. Questioning the correctness of the order it is submitted by Mr. Jagnnath Singh, learned counsel for the appellant that the dues were not admitted and further the writ petitioner, a Government of India undertaking approached the writ court after expiry of 15 years from the date of supply of materials. It is his further submission that the writ court could not have settled a money claim. Regard being had to the factual dispute which surfaces in the case, Mr. Shrinandan Pd. Singh, learned counsel for the Corporation contended that the State 3 Government had admitted the dues as is reflected from Annexure-2. On a perusal of the documents brought on record, it is noticeable that the matter was pending before the Lokayukt where a stand was taken by the State authorities that the materials supplied by the respondent- Corporation was not of specified standard and quality. Leaned single Judge has noticed the fact that Lokayukt eventually noticed that as the materials were supplied and utilized by the department without demur nothing remains to be done. Regard being had to the crux of the matter whether the writ court could have directed for payment of money which was claimed by the Corporation from the State Government in exercise of power under Article 226 of the Constitution of India, it is not a case where it can be stated with certitude that dues were admitted. In view of the aforesaid, we are inclined to allow this appeal and set aside the order passed by learned single Judge. However, regard being had to the fact that claim has been put forth by statutory Corporation of the Government of India undertaking, namely, National Small 4 Industries Corporation Ltd, we would direct the appellant- department to adjudicate the said claim on the anvil of Annexure 2 and other documents brought on record after affording an opportunity of hearing to the competent authority of the Corporation within a period of three months from the date of receipt of the order passed today. The appeal is accordingly disposed of. Kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)