NATIONAL PRINTERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order passed in Case No.JHMSEFC 2/2016 dated 04.03.2016, whereby and whereunder, the claim as has been agitated by the petitioner for adjudication regarding the amount of interest over the principal amount has been held to be not maintainable and therefore, the claim has rejected at admission stage.

(2.) It is the case of the petitioner that earlier to the instant writ petition, one other writ petition was filed being praying inter-alia therein:-

(3.) The respondents have appeared and filed counter affidavit wherein, it has been brought to the notice of this Court that the principal amount has been paid and the claim of interest has been disputed upon which, the petitioner has filed one interlocutory application being I.A.No.6515 of 2015 praying therein for withdrawal of the writ petition on the ground that since the principal amount has been paid, therefore, the claim regarding the interest will be agitated before the Council, since the same has been disputed in the counter affidavit. This Court vide order dated 17.12.2015 has allowed to withdraw the writ petition by disposing of the interlocutory application and in pursuance thereto, the claim has been agitated by the petitioner before the Council but the same has not been decided on merit by holding therein that the claim is not maintainable and as such against such order, present writ petition has been filed.