31] The petitioner in pursuance of the impugned order has made the payment of Rs.2,11,61,940/- to the State Government ' under protest '. Further, the petitioner has been agitating, in this petition, the issue of recovery of the said amount so paid. The petitioner had also obtained an interim order on 10 and 20 December 2007, in the matter of implementation of the impugned order. Therefore, there was no finality attached to the payment of Rs.2,11,61,940/- made by the petitioner to the State Government. Although, the impugned order dated 15 February 2007 is not being interfered with, nevertheless in the peculiar facts and circumstances of this case, it is only appropriate that the payment of Rs.2,11,61,940/- made by the petitioner 'under protest' in compliance with the impugned order, shall be deemed to have been made on the date of the present judgment and order. Further, such payment, shall be deemed to have been made by the petitioner without prejudice to its contention that such amount was in fact payable by the NRC and that therefore, subject to the petitioner's right to recover the same in accordance with law. In this manner, not only the interest of the State, which was admittedly entitled to 'unearned income ' will be protected, but further, the petitioner, shall also not be left in a lurch in the matter of recovery of such amount from NRC, in case the petitioner is in a position to satisfy the competent Civil Court that in terms of the contract between the petitioner and NRC, the petitioner was not liable for payment of such amount.
