1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MCA 269/2008 Bhatiya Shashim Shikshan Sanstha Vs. The State of Mah. and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE AND A.B.CHAUDHARI, JJ. DATED : 25th April, 2008 Heard Mrs. Jawalkar, learned counsel for the applicant, Mr. Jaiswal, learned A. G. P. for respondent no.1, Mrs. Shinde, learned counsel for respondent no.2 and Mr. Sehad, learned counsel holding for Advocate Parchure for respondent no.3. The petitioner had paid an amount of Rs. Six Thousand only towards deposit for consideration of its application for starting a new college. It is not in dispute that upon rejection of the application for grant of new college, only 50% amount of the deposit could be refunded to the party which would be Rs. Three Thousand only. In the instant case the applicant had deposited an amount of Rs. 6000/- on 27.11.1992 with respondent no.2 . It is admitted position that the application 2 for grant of permission to open a new college made by the petitioner was not granted and, therefore, the petitioner was entitled to half of the amount deposited by way of refund immediately upon such non-grant of permission. However, till date admittedly 50% amount is not refunded by respondent no.2. In the reply of respondent no.2 it is admitted that the amount has to be refunded. The petitioner now seeks refund of amount with interest.. No justification whatsoever has been given in reply filed by respondent no.2 for delay in payment of 50% of balance amount since after 1993 and still it has not been paid. In the absence of any explanation for such late payment, we deem it appropriate to award reasonable interest @ Rs. 6% per annum from the date when permission to open new college was not granted till actual payment. Hence, the following order:- Order M.C. A. is partly allowed. Respondent no.2 is directed to refund the amount of Rs. 3,000/- with simple interest @ 6% per annum from the date when the permission to open new college was not granted till actual payment within a period of four weeks from today. Further respondent no.2 shall pay costs of Rs. 1000/- of 3 this review application to the petitioner within four weeks from today. Application stands disposed of. JUDGE JUDGE Ambulkar.