IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.315 of 2008 THE STATE OF BIHAR & ORS . Versus RAM SAGAR CHOUDHARY & ANR . ----------- 9/ 27/10/2010 Heard learned counsel for the petitioner. No one appears on behalf of respondent No.1 despite valid service of notice and grant of one further opportunity for appearance on 6.10.2010. Respondent No.1 had filed C.W.J.C. No.4549/02 claiming certain dues as compensation for supply of sugarcane. The writ petition was disposed on 20.4.2007 directing payment of a sum of Rs.52,355/- recommended for payment as far back as 31.8.2001. The Court in the facts and circumstances had also directed payment of simple interest at the rate of 5%. Learned counsel for the petitioner submits that during the pendency of the writ petition payment had, in fact, been made to respondent No.1 also acknowledged by his application dated 28.11.2007 at Annexure-3 to the Review Application. Since the payment had already been made and which could not be brought to the attention of the Court at the time when the writ application was disposed, the question of payment of any interest upon the arrears does not arise. The order for payment of interest was passed - 2 - on the premise that the principal amount had not been paid. If the principal amount had been paid before the directions were given by the Court, obviously the question of payment of any interest upon the same does not arise. The review application stands allowed. KC ( Navin Sinha, J.)