IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.753 of 2011
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Appeal against the Judgment and Order dated 30-11-2010 passed
by a Bench of this Court in C.W.J.C. No. 13725 of 2010
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1. The State Of Bihar
2. The Bihar State Agriculture Marketing Board ( Abolished ),
Pant Bhawan, Bailey Road, Patna.
3. The Administrator, Bihar State Agriculture Marketing Board
(Abolished) Pant Bhawan, Bailey Road, Patna.
4. The Principal Secretary, Finance Department, Govt. of Bihar,
Patna.
5. The Principal Secretary, Personnel and Administrative Reforms
Department,Government of Bihar, Patna.
6. The Agriculture Production Commissioner, Agriculture
Department, Govt. of Bihar, Patna………………….. Appellants
Versus
1. The Assistant Provident Fund Commissioner, Employees
Provident Fund Organization, Regional Office, Bihar,
Bhavishya Nidhi Bhawan, Road No.6, R- Block, Patna…..
Respondent (Petitioner )
2. The Presiding Officer, Employees Provident Fund, Appellate
Tribunal, New Delhi…………………………………… Respondents
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4 17-8-2011 Heard the parties in respect of Limitation Petition
( I.A. No. 3361 of 2011).
For the reasons mentioned in the said petition the
delay of about 106 days in preferring this appeal is
condoned. The I.A. stands allowed.
On hearing the parties we find that no issue has
been decided by the writ court by the interim order which
has been made subject matter of this appeal but an
observation has been made that if the writ petition preferred
by the respondent, Bihar State Agriculture Marketing Board
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(C.W.J.C. No. 17853 of 2010) succeeds, the petitioner
therein shall be entitled to interest at the rate of 7% from
the date of deposit till the date of the institution of the other
writ petition ( C.W.J.C. No. 13725 of 2010).
The appellant is more aggrieved by further
observation in the interim order by which grant of future
interest has been left open for consideration at the time of
final hearing but after recording satisfaction that no liability
for interest can be fixed on the petitioner of C.W.J.C. No.
13725/2010 ( the respondent herein) for the period when the
matter may remain pending before this Court for hearing.
In our considered view, when the two writ
petitions one preferred by the Assistant Provident Fund
Commissioner and the other by the Bihar State Agriculture
Marketing Board which has now been merged in the State
of Bihar, have been admitted for hearing, the issue of
appropriate interest will depend upon the outcome of the
writ petitions and it should be left open for consideration for
the court concerned hearing the writ petitions finally.
In that view of the matter, the observations or
directions in respect of entitlement of interest are modified
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in totality and the grant of appropriate interest to the
deserving parties is left open for decision at the time of final
hearing. This appeal is allowed to the aforesaid extent.
( Shiva Kirti Singh, J.)
( Shivaji Pandey, J )
Naresh