1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2183 OF 2005 Jaykay Transporters & Finance (P) Ltd. ...Petitioner. vs. Union of India through Department of Post. ...Respondent. --- Mr.R.P.Mudholkar, for Petitioner. Mr.R.S.Apte with D.A.Dubey, for Respondent. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 18th June, 2008. P.C.:- By consent of parties, the petition is disposed of in the following terms:- (i) The petitioner would, in terms of the provisions contained in the proviso to Rule 13(1) of the Post Office Savings Certificates Rules, 1960, be 2 entitled to interest at the applicable rate as stipulated therein from the date of the investment until the date of maturity. (ii) The aforesaid payment shall be made to the Petitioner within a period of four weeks from today. (iii) The directions contained in clauses (i) and (ii) above shall be without prejudice, to the rights of the Petitioner to submit a representation to the Central Government to exercise the power of relaxation with reference to the provision of Rule 28 of the National Savings Certificates (VIII Issue) Rules,1989. In the event that such an application is made within a period of four weeks from today, the Central Government shall consider the representation in accordance with law and issue a communication to the Petitioner, recording reasons for the decision to grant or deny, as the case may be, the benefit of the relaxation. Such a decision shall be arrived at within a period of three months of the receipt of the representation by the Competent Authority. In the event that the Central Government favourably considers the request made on behalf of the Petitioner, due credit shall be given for the payment 3 of interest that has been effected in compliance with the provision contained in clause (i) of this order. (iv) The Petition shall stand partly allowed in the aforesaid terms in the facts and circumstances of the case, there shall be no order as to costs. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---