JUDGMENT :

Anubha Rawat Choudhary, J.

This Letters Patent Appeal has been filed against the judgment dated 16th May 2019 passed by the learned writ Court whereby the writ petition being W.P.(C) No. 3649 of 2016 has been disposed of and the matter has been remanded to the Jharkhand Micro, Small and Medium Enterprises Facilitation Council, Ranchi (hereinafter referred to as the “Facilitation Council”) for adjudication of the claim relating to interest on delayed payment of bills raised by the writ petitioner.

2. In W.P.(C) No. 3649 of 2016, the following prayer had been made :

“I. For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the order dated 04.03.2016 (Annexure-4) in Case No. JHMSEFC 2/2016 passed by the learned Jharkhand Micro, Small and Medium Enterprises Facilitation Council (JHMSEFC), Ranchi wherein the learned Jharkhand Micro, Small and Medium Enterprises Facilitation Council has dismissed the application made by the Petitioner to the Council under section 18 of the Micro Small and Medium Enterprises Development Act (MSMED Act) 2006, holding it as non-maintainable.

II. For issuance of an appropriate writ or a writ in the nature of declaration that under Section 15 to 18 of the Micro Small and Medium Enterprises Development Act (MSMED Act) 2006, the petitioner is entitled to make a reference to the Council, under Section 18 (1) of the MSMED Act, to claim interest alone.

III. For issuance of an appropriate writ or a writ in the nature of mandamus to the respondents to make payment of interest amount to the petitioner on the principal amount of Rs.3,80,05,000/- in terms of section 16 of the MSMED Act 2006.”

3. By an order dated 04th March 2016 which was impugned in the writ petition the Facilitation Council dismissed the application made by the writ petitioner under section 18 of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “MSMED Act, 2006”), holding it as non-maintainable by observing that a claim only on account of interest on delayed payment of bills is not maintainable.

4. Foundational facts.

I. On 07th August 2003, the writ petitioner was registered as a Small-Scale Industrial unit (SSI Unit) for manufacture of printing of books, magazines and stationeries. The writ petitioner participated in the tender process pursuant to the notice inviting tender issued by the appellants on 06th December 2012 for printing and supply of poster and work order was issued to the writ petitioner on 08th February 2013.

II. After completion of work, the bill was submitted by the writ petitioner but an amount of Rs.3,80,05,000/- remained unpaid. The writ petitioner made various representations to the appellants for payment of outstanding amount of Rs.3,80,05,000/- towards supplies made by the writ petitioner which was not paid and ultimately filed a Writ Petition being W.P.(C) No. 1702 of 2014 seeking a direction upon the appellants to make the payment of the outstanding dues.

III. On 13th January 2015 the principal amount of Rs.3,80,05,000/- was paid by the appellant no. 1 to the writ petitioner, but no payment was made on account of interest on delayed payment.

IV. Under the aforesaid circumstances, the writ petitioner filed an interlocutory application being I.A. N