9911796707
TMI Blog2003 (9) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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 deposited ₹ 20 lacs with the respondent as earnest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Court, Hyderabad for a declaration which suit was resis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 litigations, therefore, this fact itself should have been suf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Court to the extent it has reduced the interest grant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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