bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.458 OF 2010 Union of India ..Petitioner Vs. M/s.J.Kumar Infraprojects Ltd. & Ors. ..Respondents Mr.P.S.Jately a/w. Mr.R.B.Pardeshi for petitioner. None for respondents. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 6TH APRIL,2010 P.C. Heard. Perused petition. 2. By an order dated 9th March, 2010, notice before admission returnable after four weeks was ordered with direction to put the parties on notice that the petition would be heard and disposed of at the stage of admission itself. The Revenue has filed an affidavit of service indicating therein that the petition was served on respondent on 24th March, 2010 and the same is received by the respondents herein. Hence, petition stands disposed of finally at the stage of admission in terms of this order. 3. The petitioner - Union of India is aggrieved by the order dated 13th April,2009, whereby and whereunder the Settlement Commission has held that the interest was not leviable. 4. The learned Division Bench of this Court in the case of Union of India Vs. Boney Kapoor & Anr. in W.P. No.1224 of 2009 on 29 th August, 2009 has categorically held that the Commission has no power to waive interest. For the reasons recorded therein, the impugned order is liable to be set aside to the extent it directs the refund of interest. 5. In the result, Rule is made absolute in terms of this order with no order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)