2003 (9) TMI 770

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..... 2. Leave granted. 3. A limited question arises for our consideration in this appeal that is, whether on facts and circumstances of this case the High Court was justified in reducing the interest on the amount to be refunded by the respondent from 12% per annum to 9% per annum. 4. Pursuant to a tender notification issued by the respondent, the appellant herein while offering his tender d....

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....nt in a writ appeal wherein the appellate bench set aside the order of the learned Single Judge holding that a writ court normally does not entertain a prayer for refund of money. The appellant herein challenged the said order of the division bench by SLP in this Court which came to be dismissed on 14th August, 1998, thereupon the appellant filed a civil suit before the Chief Judge, City Civil Cou....

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....en filed. As stated above, the only question for our consideration on facts and circumstances of this case is whether the High Court was justified in reducing the interest from 12% per annum to 9% per annum. 8. The facts narrated hereinabove clearly shows the respondent has retained the money belonging to the appellant without authority of law and has driven the appellant to series of litigatio....

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....n except referring to the judgments of this Court in the case of Sovintorg (India) Ltd. v. State Bank of India, New Delhi and Ghaziabad Development Authority v. Union of India and Anr. . As stated above, the facts of this case do not justify the application of the principle, laid down by this Court in those judgments. 9. Hence, we allow this appeal, set aside the impugned judgment of the High C....