( 1 ) BEING aggrieved by the order passed by learned Single Judge of this Court allowing the writ petition filed by the respondent herein, M/s. Vijay Shree Limited (hereinafter referred to as 'company' for short) the appellants come up before us by way of this appeal. The two appellants are the officers of Union of India and have filed this appeal on behalf of Union of India. By the instant judgment and orders, the learned Single Judge directed the appellants to make payment of the amount to the Company for supply of second batch of 390 bales allegedly supplied by it. It was further directed that in default of a payment, the appellants would pay interest at the rate of 12% per annum. Shortly stated the facts are as under:

( 2 ) THE Company, Vijay Shree Limited, referred to as 'company' herein, is a limited company and owned a jute mill. It is also a sick Company under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 and at the relevant time, was running the jute mill on the basis of a scheme approved by the Board of Industrial and Financial Reconstruction. It received at order bearing No. S. O. 565 (E) dated 12. 6. 2000 to produce j