IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.654 of 2010 M/S Balaji Engineering Works, Industrrial Area, lakhisarai, appearing through its proprietor Lalit Kumar Banka, s/o late Kunj Lal Banka, r/o Lakhisarai, P.S. Lakhisarai, Town & District - Lakhisarai Versus 1. The State Of Bihar 2. The Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 3. The Superintending Engineer, Public Health Engineering Circle, Munger 4. The Executive Engineer, Public Health Engineering Division, Sheikhpura, Munger ----------- For the appellant: Mr. Jai Prakash Singh, Mr. Madanjeet Kumar, Advocate For the State: Mr. S.Kumar, JC to AAG –VII --- 2 8/4/2010 IA. No.3434 of 2010 This is an application for condonation of delay. Mr. S. Kumar, learned counsel for the State has no objection. In view of aforesaid, the delay in preferring the appeal stands condoned. Interlocutory application stands allowed. LPA.No.654 of 2010 As we have condoned the delay, we are inclined to take up the appeal for admission and final 2 disposal. In this intra-court appeal, the assail is to the order dated 22.2.2010 passed by the learned Single Judge in CWJC. No.11671 of 2007, whereby the learned Single Judge has declined to entertain the prayer for grant of interest claimed by the petitioner on the ground that there is delay of five years. On a perusal of the pleadings of the parties, it is noticeable that the interest was claimed on the basis of work done in pursuance of the contract in the year 1988. Regard being had to the factum of delay as well as the question arises from a contractual relationship, we are not inclined to interfere with the order passed by the writ court. In the result, the appeal, being devoid of merit, stands dismissed without any order as to costs. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)