IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.491 of 2007 1.THE BIHAR STATE FINANCIAL CORPORATION, Fraser Road, Patna, through its Managing Director. 2.MANAGING DIRECTOR, BIHAR STATE FINANCIAL CORPORATION, Fraser Road, Patna. 3.BRANCH MANAGER, BIHAR STATE FINANCIAL CORPORATION, Purnea Branch, N.H.31, Purnea. …………Respondents-Appellants Versus ARUN KUMAR AGARWAL, Son Sri Jagdish Prasad Agarwal, Partner of M/S Arun Rice Mill, At & P.O. Kasba, District Purnea. ………Petitioner-Respondent ----------- 5. 27.06.2011 Heard learned counsel representing the parties. The present Letters Patent Appeal has been filed against the order of learned Single Judge in C.W.J.C. No. 3057 of 2005 dated 19.04.2007 directing the appellants Corporation to calculate the interest one time at the rate of 11.5 %. It has been brought to the notice of this Court by learned counsel appearing on behalf of the appellants by filing supplementary affidavit that on earlier occasion the respondent agreed to pay the interest without putting any terms which is recorded at page iv of the supplementary affidavit. It is submitted by learned counsel for the appellants that having the benefit of the order as per direction in C.W.J.C. No. 3057 of 2005, the respondent should not have turned up saying that the interest have been calculated at the rate of 11.5%. We see some force in the contention raised by learned counsel for the appellants. Having entered into one time settlement by paying 18%, the respondent ought not to have chosen to seek the remedy and accept the interest made at the rate 2 of 11.5% which is not a part of one time settlement. Under the above circumstances, the order passed by the learned Single Judge is set-aside. Accordingly, this Letters Patent Appeal is allowed. Prakash/Praveen (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)