RSA No.3 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3 of 2011 (O&M). Decided on: January 04, 2011. Board of School Education, Haryana, Bhiwani .. Appellant VERSUS Saraswati Vidya Mandir and others . .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.G.P.S.Bal, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) Counsel for the appellant has vehemently contended that on account of Rule 47 (ii) of the Board Examination Rules, the late fee deposited by the schools was not liable to be returned after the lapse of a period of 3 months. The said Rule 47 (ii) . . . 1 RSA No.3 of 2011 (O&M) has been considered by the Courts below and a finding of fact has been arrived at that the defendant-appellant Board was not entitled to retain the late fee @ Rs.300/- per student deposited by the plaintiffs- respondent schools because the said amount was deposited pursuant to order dated 30.01.2007 passed by the Civil Judge (Jr.Divn.), Bhiwani, with an observation that the Board was required to return the amount in case ultimately found not entitled to the same. I do not find any infirmity in the order of the Courts below directing the appellant Board to refund the amount of Rs.300/- per student received as late fee. It appears that the suit of the plaintiff-respondent for mandatory injunction to refund the money has been decreed without affixing Court fee for the recovery of the amount by filing a suit for recovery. The amount of interest @ 6 per cent per annum from the date of accrual till payment seems to be inappropriate. The plaintiffs-respondents cannot be permitted to have monetary benefit in the shape of interest without affixing the court fee for the said purpose. In the garb of decree of mandatory injunction to recover the money, the order of payment of interest does not appear to be appropriate. Since this question was not raised or adjudicated upon, I deem it appropriate, in the interest of justice, to issue a direction that in case the defendant-appellant returns the amount received as late fee within a period of two months before any execution is filed by the plaintiffs-respondents, the appellant will not be liable to pay any interest on the refund of late fee. No question of law is involved in the case. . . . 2 RSA No.3 of 2011 (O&M) No ground is made out for interference. Dismissed. (M.M.S.BEDI) JUDGE January 04, 2011. rka . . . 3