IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10401 of 2009 M/S Kamper Concast Limited, a company incorporated under the Companies Act, 1956 having its registered office at N.P. Centre, New Dakbunglow Road, Patna-1 through its Director Rajesh Kumar Goyal son of Late Vinod Kumar Goyal Versus 1. The State Of Bihar through the Principal Secretary, Industry Department, Government of Bihar, New Secretariat, Bailey Road, Patna 2. The Director of Industries, Department of Industries, Government of Bihar, New Secretariat, Bailey Road, Patna 3. The Bihar State Credit and Investment Corporation Limited (BICICO), Indira Bhawan, 4th Floor, Ramcharitra Singh Path, Patna through its Managing Director 4. Managing Director, Bihar State Credit and Investment Corporation Limited (BICICO), Indira Bhawan, 4th Floor, Ramcharitra Singh Path, Patna through its Managing Director 5. Deputy Manager (A/C), Bihar State Credit and Investment Corporation Limited (BICICO), Indira Bhawan, 4th Floor, Ramcharitra Singh Path, Patna through its Managing Director ----------- 03/ 06.10.2009 Heard learned counsel for the petitioner, the State of Bihar and the Bihar State Credit and Investment Corporation Limited (hereinafter referred to as the BICICO). 2. Petitioner is a private limited company and applied for grant of power subsidy which is payable to it by the Industries Department of the State Government in terms of the Industrial Policy. The agency which distributes the power subsidy amount is the BICICO. 3. It appears from the impugned order, bearing Memo No. 263 dated 12.6.2009, Annexure-15 to this application issued under the signature of the Deputy Manager (A/C), BICICO that delay in payment of subsidy 2 amount to the petitioner was caused on account of delayed release of fund by the Industries Department. Taking cognizance of delay caused by the Industries Department in releasing the fund, BICICO has shifted the burden to pay the interest to the petitioner on the Industries Department, which is evident from the impugned order dated 12.6.2009, Annexure-15. This Court under orders dated 25.8.2009 granted time to the State respondents as also to the BICICO to file counter affidavit, but the authorities have chosen not to file the counter affidavit and prayer is to adjourn the matter further for filing the counter affidavit. I am not inclined to grant further adjournment for filing the counter affidavit and the prayer for adjournment is rejected. 4. Accordingly, this writ application is disposed of with direction to the petitioner to represent before the Principal Secretary of the Industries Department annexing a copy of the order dated 12.6.2009, Annexure-15 and to request the department with reference to the said order to release further amount for payment of interest on account of delayed payment of power subsidy to the petitioner in the light of the direction of this Court contained in similar matter, which was disposed of under orders dated 8.2.2008, Annexure-9 to this application. Along with the representation petitioner should also annex a copy of the order dated 8.2.2008, Annexure-9. The Principal Secretary 3 of the Industries Department shall be obliged to consider the representation of the petitioner in accordance with law as early as possible, in any case within three months from the date of receipt of the representation along with a certified copy of this order. Arjun/ ( V.N. Sinha, J.)