AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7103 OF 2006 Koregaon Taluka Shetkari Sahakari Kharedi Vikri Sangh Ltd., Koregaon. ... Petitioner Vs. Union of India & Ors. ... Respondents Mr. Ajit Kenjale for the petitioner. Mr. G. Hariharan with Mr. Y.S. Bhate and Mr. N.R. Prajapati i/b Dr. H.D. Rathod for respondents. CORAM : SMT. RANJANA DESAI & SMT. ROSHAN DALVI, JJ. DATED : JANUARY 15, 2008. P.C.:- 1. The petitioner is a registered Co-operative Society. It has more than 3000 individual members. Two hundred and fifty Co- operative Societies are stated to be its members. It is the case of the petitioner that in the interest of its members, the petitioner decided to deposit an amount of Rs.20,000/- for investing it in “5½ Kisan Vikas Patra”. Respondent 2 accepted the deposit and issued two “5½ Kisan Vikas Patra” Certificates bearing No.27 C.C. AJN 2 614067 and No.27 C.C. 614068 each in the sum of Rs.10,000/-. 2. Respondent 2 by these certificates promised to pay Rs.20,000/- each on their maturity i.e. on 21/5/2001. According to the petitioner, on maturity of the certificates when the petitioner went to respondent 2, respondent 2 denied to pay to the petitioner the amount as per the “5½ Kisan Vikas Patra”. The petitioner, thereafter, sent a legal notice through its advocate calling upon respondent 2 to pay the amounts due under the said certificates. Respondent 3 by its letter informed the petitioner that the said “5½ Kisan Vikas Patra” certificates are wrongly issued. They are not issued as per rules and, hence, the respondents cannot pay double the amount. 3. Being aggrieved by this act of the respondents, the petitioner approached the Consumer Redressal Forum at Satara, which held that the petitioner should approach the civil court. Thereafter, the petitioner again sent a notice to the respondents calling upon them to pay the amount. The petitioner was asked to approach the Senior Superintendent of Post at Satara. Being aggrieved by this approach of the respondents, the petitioner has filed this writ AJN 3 petition. The petitioner has prayed for an order directing the respondents to pay the maturity amount of two “5½ Kisan Vikas Patra” Certificates bearing No.27 C.C. 614067 and No.27 C.C. 614068 dated 21/11/1995 of Rs.10,000/- each. 4. We have heard learned counsel appearing for the parties. There is no dispute about the fact that this case is covered by the judgment of this court in Romeo Sam Arambhan v. Union of India & Ors., 2004(1) Mh.L.J. 56, wherein this court was considering a somewhat similar fact situation. After considering the relevant judgments of the Supreme Court, this court held that the action on the part of the respondents in denying the promised amount of the NSCs is highly inequitable and smacks of unfairness and lacks good faith. This court directed the respondents to pay the promised sum within one month, failing which the respondents were liable to pay interest at 6% per annum on the principal amount of investment under the certificate from the date of maturity till payment is made. 5. Admittedly, the facts of this case are similar to the facts of AJN 4 Romeo Sam Arambhans' case (supra). Hence, we have no hesitation in passing the following order : 6. The respondents are directed to pay to the petitioner the maturity amount of two “5½ Kisan Vikas Patra” certificates of Rs.10,000/- each within a period of one month from today, failing which the respondents shall be liable to pay interest at the rate of 6% per annum on the principal amount of investment under the “5½ Kisan Vikas Patra” from the date of maturity till payment is made. 7. We direct the respondents to pay to the petitioner an amount of Rs.3,000/- as costs. 8. The petition is disposed of. [SMT. RANJANA DESAI, J.] [SMT. ROSHAN DALVI, J.]