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2022 Supreme(Pat) 621

ANJANI KUMAR SHARAN, ASHUTOSH KUMAR
Bihar State Food and Civil Supplies Corporation Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Anjani Kumar, Sr. Adv., Nirmal Kumar, Shailendra Kumar Singh.
For Res. Nos.7 and 8 : M/s Rajendra Narain, Sr. Adv., Anju Narain, Umesh Kumar Roy, Anant Kumar Sinha.
For the Bank : Mr. Bindhyachal Rai.

Ashutosh Kumar, J.—Heard Mr. Anjani Kumar, learned Senior Advocate for the appellants and Mr. Rajendra Narain, learned Senior Advocate assisted by Mr. Shailendra Kumar Singh for the respondents.

2. The order under challenge is dated 09.03.2016, passed in CWJC No.3837 of 2016 wherein it has been directed by the learned Single Judge that the BSFC ought to ensure payment of 3254.60 quintals of paddy supplied by the respondent/co-operative society to the BSFC within a maximum period of four weeks from the date of receipt/production of a copy of the order, failing which the BSFC would be required to pay the price with interest @ 11% per annum payable from the date of supply, i.e., from April, 2015 till the payments are made by the Corporation.

3. It is the case of the respondents that they had supplied 13,469.80 quintals of paddy to the appellant/ Corporation and had initially received a payment only with respect to 8342 quintals of paddy. No payment was made with respect to the balance 5127.80 quintals of paddy but later, on persuasion of the respondent, some further payments were made but the respondent was forced to come before the High Court because no payment was being made for 3254.

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