Judgment 1. The dispute in this appeal directed against the order of the learned Single Judge in S.B. Civil Writ petition No. 6884/03 relates to the appellants liability to pay the amount of instalment for the period during which the contract stood cancelled. The contract was later restored by order dated 110.2003 on certain conditions which the appellant challenged in the connected writ petition. 2. While considering the grievance of the appellant the learned Single Judge inter-alia passed the following order:-“(i) That the impugned revisional Judgment dated 110.2003 (Annex.2) passed by the Respondent No. 1 Dy. Secretary to the Government, Mining Department, Jaipur imposing condition to the effect that the petitioner would deposit 10% of the security amount as penalty as well as complete instalment amount with interest by 111.2003 is confirmed.” 3. After hearing Counsel for the parties, we are of the view that the appellant is entitled to the credit of the amount collected by the Department through its own agency during the period of cancellation. In other words the appellant would be liable to pay the amount of instalment less the amount collected by the Department .The appellant would also be liable to penalty @ 10% of the security amount in terms of the contract. The order of the learned Single Judge quoted hereinabove is modified to this extent. Rest of the order is maintained. 4. Subject to above modification the appeal is dismissed.