HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 66600 of 2011 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Dr. Dharmesh Chaturvedi, learned advocate appears on behalf of petitioners and submits, his clients seek relief in terms of prayer (i), reproduced below. "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the interest @ 18% per annum on the admitted and delayed paid amount of Rs. 68,08,746/- (Sixty Eight Lac Eighty Thousand Seven Hundred Forty Six only) with in some short stipulated period of time along with the interest of 18% per annum from the date when it became due till the date of actual payment." 2. On query Dr. Chaturvedi submits, his client had earlier filed writ petition seeking payment on unpaid bills. They also moved for contempt, after which the principal sum was paid. By this writ petition his clients seek relief of compensation by interest, for delayed payment. 3. Mr. Giressh Chandra Tiwari, learned advocate, Standing Counsel appears on behalf of State. 4. Order-sheet indicates, the petition was moved on 22nd November, 2011. Order made by co-ordinate Bench that day is reproduced below. "As prayed, put up as a fresh case on 29th November 2011 in order to enable the learned counsel to go into the question as to whether the writ petition for mandamus directing the authorities to pay the interest simplicitor is maintainable or not." 5. Dr. Chaturvedi relies on view taken by a Division Bench of this Court in Versus Counsel for Petitioner(s) : Dr. Dharmesh Chaturvedi Counsel for Respondent(s) : C.S.C. M/S Rajeev Kumar Contractor Pvt. Ltd. And Another .....Petitioner(s) State of U.P. and Others .....Respondent(s) Chitra Gupta Trading Vs. U.P.P.W.D and others reported in 2010 (4) AWC 3911, paragraphs 6 to 8. He submits, there can be made direction for payment of interest by the writ Court. 6. In Chitra Gupta Trading (supra) the contractor had petitioned this Court for direction on payment of admitted bills. From the decision, it is clear that the Bench found the dues were admitted and there had been delay on the payment withheld. Hence, there was direction for ensuring payment of the outstanding amount as may be due and payable with interest of 12% per annum from one month after the date of entitlement, till the date of payment. In those facts the Bench exercised extraordinary power to direct payment of interest. In this case petitioners had earlier moved this Court. Pursuant thereto the principal amount was paid. Subsequently, they moved this petition for direction on interest. It is a commercial claim. They must move the civil/ commercial Court. In doing so they may seek exclusion of time, during which this writ petition remained pending. 7. On above observations, the writ petition is disposed of. September 15, 2025 Mohini WRIC No. 66600 of 2011 2 (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad