AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.5 OF 2009 SKF India Limited ..Petitioner. V/s. Union of India & 2 others ..Respondents. Mr.Divesh Chambowalla with Mr.Abhijeet Sonawane i/by Mr.Subodh S. Kurudkar for the petitioner. Mr.A.S. Rao with Mr.H.V. Mehta for the respondents. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 4TH MARCH, 2009. P.C. : 1. On an appeal preferred by the petitioners before the Appellate Tribunal for Foreign Exchange (‘the tribunal’ for short) against order dated 28-2-2004, the tribunal set aside the adjudication order dated 28-2-2004 passed by the 2nd respondent. Thereafter according to the petitioners, the petitioners addressed letters dated 16-9-2005 and 3-5-2007 to the 2nd respondent with a copy to the 3rd respondent and requested for refund of an amount of Rs.15,00,000/- and Rs.1,50,000/- in view of the order dated 25-8-2005 passed by the tribunal. However, the respondents did not pay the amount of refund. According to the petitioners, they sent several letters, however, refund was not made. The petitioners, therefore, filed this writ petition on 8-12-2008. After filing of the petition, the respondents paid an amount of Rs.15,00,000/- to the petitioners. According to the petitioners, they are entitled to the interest on said amount from 16-9-2005 till 9-2-2009. Further grievance of the petitioners is that they are also entitled to an amount of Rs.1,50,000/- paid by them on 21-2-2005 under protest towards recovery charges. 2. The above grievance is reiterated in the Court. We see force in the submission of learned counsel for the petitioners. The petitioners grievance is justified. In the circumstances, we direct the respondents to pay to the petitioners interest @ 6% per annum on the amount of Rs.15,00,000/- from 16-9-2005 till 9-2-2009 within a period of four weeks from the date of receipt of a copy of this order by them. We leave it open to the petitioners to request the respondents to pay the amount of Rs.1,50,000/- paid by them as recovery charges and if such a request is made by the petitioners, respondent No.3 shall consider the same in accordance with law. 3. The writ petition is disposed of accordingly. (Judge) (Judge)