1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 3475/2006 S.K.Thakkar Vs. The New India Assurance Co. Ltd. & Ors. ......... Date of Order : 05/12/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Anil Bhandari for the petitioner. Mr. Anil Bachhawat for the respondents. BY THE COURT By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to release the amount of Rs. 1,00,664/- in favour of the petitioner along with interest @ 18% p.a. Heard learned counsel for the parties. During course of arguments, learned counsel for the respondents submits that a sum of Rs. 85,920/- has been paid to the petitioner on 20.10.2008. It is contended by learned counsel for the petitioner that the amount has wrongly been withheld by the respondents. 2 Learned counsel for the respondents submits that there were as many as 20 queries raised by order dated 01.03.2004 (Annex.3) and various amounts have been mentioned therein showing certain dues, however, subsequently, except the query No.7, 10 and 20, all other queries have been settled and after settling the queries, an amount of Rs. 85,920/- has already been released. Learned counsel for the petitioner submits that so far as queries are concerned, the petitioner was nothing to do with the queries and audit report was of prior to the period from the date the petitioner sought voluntary retirement and satisfactory explanation has already been submitted by the petitioner long back, yet the respondents did not release the due amount and therefore, for withholding payment, the petitioner is entitled for interest. Having considered the facts and circumstances of the case and the fact that most of the queries as pointed out vide Annex.3 have been settled and except three queries, the petitioner was not even at fault with regard to other queries, whereas the amount has been withheld uptill 20.10.2008 when an amount of Rs. 85,920/- has been paid to the petitioner and the remaining amount approximately comes to Rs. 14000/- and odd. Be that as it may, the matter has been lingered on for many years and if the respondents could not satisfy the queries or could not conclude as 3 to whether this amount is recoverable from the petitioner or not, the respondents are not justified in withholding the amount. In the circumstances, therefore, it is directed that the respondents shall pay the remaining amount due to the petitioner i.e. Rs. 1,00,664-Rs. 85920= Rs.14744/- and interest @ 9% p.a. from the date the amount became due till the payment of Rs. 85,920/- was made and thereafter for the balance amount till actual payment is made. This exercise be completed within two months. With these directions, the writ petition stands disposed of. Stay petition also stands disposed of. (H.R.PANWAR), J. rp