IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11993 of 2008 M/S MAA VINDHYAVASINI ENTERPRI Versus THE STATE OF BIHAR & ORS ----------- 2 12.8.2009 In the instant writ application the petitioner prays for a direction to the respondent authorities to make payment of Rs.16,74,013.80 paise payable to the petitioner on account of supply of 2,13,688 pieces of slates at the approved rate of Rs.6.43 per slate with interest @ 12% per annum from the date of submission of the bill till the date of payment. An advertisement inviting tender was published in several Hindi dailies including ‘Aaj’ on 28.1.2005 for supplying various articles including slate granite etc. Pursuant to the tender notice the petitioner and others filed their tender papers vide Annexure-8. After scrutiny the petitioner was selected and was asked to make various supply vide Annexure-2 dated 24.3.2005. The petitioner supplied the articles in question in due time. The bill of the petitioner was duly checked and was also found to be correct. However, no payment was made. Learned counsel thus, moved this Court for payment of the aforesaid dues with interest. Learned counsel has drawn my attention to the Judgment dated 26.3.2009 delivered in L.P.A. No.258 of 2009 and L.P.A.No.268 of 2009 wherein the interest on delayed payment at the rate of 12% per annum has been reduced to 9%. 2 During course of hearing Mr. Shukla, learned counsel for the petitioner states that the petitioner has received the entire amount but interest and earnest money has not been refunded and interest has also not been paid for delayed payment. Learned counsel for the State submits that the earnest money would be paid in accordance with the terms and conditions stipulated under the provision of the Act. Counsel for the State submits that there was some delay in making supply of the aforesaid articles. After hearing the learned counsel for the parties this Court directs that the respondent would refund the earnest money of the petitioner within two months from today failing which they would be liable to pay interest thereon at the rate of 9%. However, this Court is not inclined to pass any order regarding payment of dues which has already been received. With the aforesaid directions this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)