IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8721 of 2009 M/S KRISHI YANTRA KENDRA Versus THE STATE OF BIHAR & ORS For the petitioner: Mrs. Namrata Mishra, Advocate. For the Bank: Mrs. Nivedita Nirvikar, G.P.16. 2 30.7.2009 Heard the learned counsel for the parties. The petitioner prays for direction to the respondent to make payment of a sum of Rs.90250/- towards the bills submitted by him made supply of Hydraulic Trailer and Rickshaw Thela to the Nagar Panchayat, Lalganj Vaishali in terms of the supply orders dated 13.10.2008. The petitioner states that respondents have made entire payment of Water Tanker and Part payment towards supply of Hydraulic Trailer and Rickshaw Thela. The aforesaid fact has been stated in paragraph no.8 of the writ application. However, the remaining dues of Rs.90250/- has not been paid. Learned counsel submits that the State Government in accordance with the Industrial Policy issued Resolution contained in Memo No.3514 dated 28.9.2002 with objective of encouraging Small Scale Industries of Bihar. He submits that the State Legislature in order to help Small Scale Industrial Units had enacted “The Interest on the Delayed Payment to Small Scale and Ancillary and Industrial Undertaking Amendment Act 1998” which provides for payment of interest on delayed payment to such units. A copy of the aforesaid Gazette Notification dated 11th August, 1998 has been annexed as Annexure-6. 2 The learned counsel has drawn my attention to section 4 of the aforesaid Act which reads as follows:- 4. For Section of the principal Act. the following section shall be substituted namely :- „4. Where any buyer falls to make payment of the amount of the supplier, as required under section 3, the buyer shall, notwithstanding anything cont- ained in any agreement between the buyer and the supplier or in any law for the time being in force be liable to pay interest to the supplier on that amount from the appointed day or, as the case may be, from the date immediately following the date agreed upon at one and half time of Prime Lending Rate charged by the State Bank of India.” The learned counsel for the State submits that the Department has swiftly made payment for supply of Water tanker and also made almost half of the payment for supply of rickshaw thela and hydraulic trailer. Having heard the counsel for the parties this Court directs that the respondent would clear the pending bills of the petitioner within a period of one month from the date of receipt of a copy of this order and will pay the admitted dues without any further delay. In case they do not make payment within the stipulated period they will be liable to pay interest in view of the aforesaid Gazette Notification. 3 With the aforesaid direction this writ application is allowed. Anilkrsinha (Samarendra Pratap Singh, J.)