IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15838 of 2010 Prem Chandra Shukla, son of Sri D.Shukla, R/O C/21/89/H, Laurhabir, Varanasi, at present working as Manager, U.Toll Corporation Ltd., F-28, Pandav Nagar, Mayur Bihar, Phase-1, New Delhi ……………… Petitioner Versus 1. Bihar Rajya Pul Nirman Nigam Ltd. Through its Managing Director, 7, Sardar Patel Marg, Patna 2. The Managing Director, Bihar Rajya Pul Nirman Nigam Ltd., 7, Sardar Patel Marg, Patna 3. Secretary, Bihar Rajya Pul Nirman Nigam Ltd., 7, Sardar Patel Marg, Patna 4. The District Magistrate, Kaimur …….. Respondents with CWJC No.15805 of 2010 Pratyush Shukla, aged about 32 years, son of late Ajay Kumar Shukla, R/O village Sukul Pipra, P.S. Mohania, District- Kaimur (Babhua), Bihar ……… Petitioner Versus 1. Bihar Rajya Pul Nirman Nigam Ltd. through its Managing Director, 7, Sardar Patel Marg, Patna 2. The Managing Director, Bihar Rajya Pul Nirman Nigam Ltd., 7, Sardar Patel Marg, Patna 3. Secretary, Bihar Rajya Pul Nirman Nigam Ltd., 7, Sardar Patel Marg, Patna 4. The District Magistrate, Kaimur ………. Respondents. ----------- For the petitioners: M/s. Naresh Dikshit and Kamal Tiwary, Advocates For the State: M/s. P.K.Shahi, Advocate General and Vikas Kumar, Advocate For Pool Nigam : Mr. Nadim Seraj, GP 22 and Mr. Anil Kumar, SC 20. 3. 29.9.2010 Although a counter affidavit has been filed on behalf of the Bihar Rajya Pul Nirman Nigam in which the right of the petitioners to get the reliefs as claimed by them have been contested yet it is submitted by learned 2 Advocate General appearing for the Bridge Construction Corporation that in the interest of revenue it would be acceptable to the Corporation if the petitioners deposit the 3rd and last instalment by 21.10.2010 provided that after the free grace period of 15 days they shall pay interest at the rate of 12% per annum from 22.9.2010 and interest at the rate of 18% per annum from 7.10.2010 till the date of deposit. In view of the aforesaid fair stand taken by learned Advocate General, the writ petition is disposed of with the direction that the petitioners shall deposit the 3rd and the last instalment on or before 21.10.2010 on the terms and conditions referred to above, failing which it would be open to the respondent authorities to take action in terms of the impugned letter dated 8.9.2010. Learned counsel for the petitioners submits at this stage that both the petitioners have filed representations for being given the benefit of remission on account of loss/damages suffered by them for closure of bridge for more than 24 hours and other circumstances as per Clause 19 of the agreement. 3 The respondent-authorities shall consider and dispose of the said representation within four weeks from today. However, it is made clear that the petitioners shall deposit the amounts without waiting for any refund or adjustment, if any, in terms of the order to be passed on the said representation. S.Pandey (Ramesh Kumar Datta, J.)