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A. ABHISHEK REDDY
Madan Mohan Parashar – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard the learned counsel for the parties.
2. These present Writ Petitions have been filed for almost similar relief.
3. Learned counsels for the petitioners have stated that even though the petitioners have completed the works in the year 1991 and submitted the bills within the stipulated time the authorities have not made the payment within the time. Learned counsel has stated that the authorities have cleared the bills in the year 2017 (in C.W.J.C. No. 3138 of 2023) and in the year 2018 (in C.W.J.C. No. 5533 of 2023), but, the amounts paid are without calculating the interest for the delayed payment of the bill amounts due to the petitioners. Learned counsels have prayed this Hon’ble Court to grant interest to the petitioners for the delayed payment of the bill amount made by the authorities for no fault of the petitioners.
4. Per contra, the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the Writ Petitions and stated that the present Writ Petitions are liable to be dismissed on the ground that there is no clause in the agreement between the parties for payment of any interest on the delayed payment of the dues. Learne
The contractor is entitled to 6% interest on delayed payments as per previous court judgments regarding contractor compensation.
The appropriate forum for adjudication of claims for interest on delayed payments should be approached by the concerned parties, and any decision on such claims should be made in accordance with the ....
Excessive delay in approaching the court undermines writ jurisdiction, necessitating dismissal of claims lacking timely justification.
The court held that arbitrary withholding of payments, even in the absence of a provision for interest in the scheme, justifies the payment of interest for economic losses incurred.
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