STATE OF KERALA Vs. P. T. THOMAS

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by the State of Kerala are filed against the orders passed in review petitions. At the outset, we would take note of the fact that the main judgment has not been questioned.

(3.) On the writ petitions filed under Art. 226 of the Constitution of India, the Division Bench of the High Court by its order dated 18.09.2002 directed that the admitted bill amount shall be paid over to the contractors (writ petitioners) by 31.12.2002 "failing which the disputed amount shall carry simple interest at the rate of 12% per annum from the date of registration of the respective bills". This direction was given to redress the grievance of the writ petitioner contractors that the payment of bills was delayed enormously. Though this order was passed at the stage of admission, it is not in dispute that the counsel representing the State was heard and that no time was sought for filing counter-affidavit on behalf of the State. Aggrieved by the order dated 18.09.2002, review petitions were filed. Various grounds were taken in the review petitions. The foremost amongst them being that by virtue of cl. 69 of the MDSS (Madras Detailed Standard Specifications) forming part of the contract, no interest was payable on the arrears due against the bills preferred by the contractors.