1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.315 OF 1992 PETITION NO.315 OF 1992 PETITION NO.315 OF 1992 Smt Smt Smt Sarita Maheshkumar Garodia & anr.. Sarita Maheshkumar Garodia & anr.. Sarita Maheshkumar Garodia & anr..Petitioners vs vs vs Union Union Union of India & anr ... of India & anr ... of India & anr ... Respondents Respondents Respondents Mr.Jitendra Mr.Jitendra Mr.Jitendra Jain Jain Jain with Mr.Pratik Pawar and Mr.Amit with Mr.Pratik Pawar and Mr.Amit with Mr.Pratik Pawar and Mr.Amit Surve Surve Surve i.b i.b i.b Shaunak Satpute & Co for Petitioners Shaunak Satpute & Co for Petitioners Shaunak Satpute & Co for Petitioners Mr.R.Asokan Mr.R.Asokan Mr.R.Asokan with with with Mr.M.I.Sethna and Mr.M.I.Sethna and Mr.M.I.Sethna and Mr.P.S.Sahadevan Mr.P.S.Sahadevan Mr.P.S.Sahadevan for for for Respondents Respondents Respondents CORAM CORAM CORAM : : : F.I.REBELLO AND F.I.REBELLO AND F.I.REBELLO AND R.S.MOHITE, R.S.MOHITE, R.S.MOHITE, JJ JJ JJ DATED DATED DATED : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 : 4TH DECEMBER, 2007 P.C. P.C. P.C. 1.1.1. At the hearing of the petition, on behalf of At the hearing of the petition, on behalf of At the hearing of the petition, on behalf of the the the petitioners, learned counsel restricts his petitioners, learned counsel restricts his petitioners, learned counsel restricts his relief relief relief to the extent of a sum of Rs.1,00,000/- to the extent of a sum of Rs.1,00,000/- to the extent of a sum of Rs.1,00,000/- along along along with interest which was retained by the with interest which was retained by the with interest which was retained by the respondents. respondents. respondents. Considering the judgment of this Considering the judgment of this Considering the judgment of this court court court in W.P.No.646 of 1993, (Raj Nair vs S.K.Laul in W.P.No.646 of 1993, (Raj Nair vs S.K.Laul in W.P.No.646 of 1993, (Raj Nair vs S.K.Laul & anr decided on 7th August, 2007 (F.I.Rebello & anr decided on 7th August, 2007 (F.I.Rebello & anr decided on 7th August, 2007 (F.I.Rebello & J.P.Deodhar, J.P.Deodhar, J.P.Deodhar, JJ) JJ) JJ) it was not open to the respondents it was not open to the respondents it was not open to the respondents toto to withheld withheld withheld the said amount. In the light of that, the said amount. In the light of that, the said amount. In the light of that, respondents respondents respondents are directed to refund to the are directed to refund to the are directed to refund to the petitioner petitioner petitioner no.1 a sum of Rs.1,00,000/- with no.1 a sum of Rs.1,00,000/- with no.1 a sum of Rs.1,00,000/- with interest interest interest at 6 % from the date of the amount was at 6 % from the date of the amount was at 6 % from the date of the amount was withheld withheld withheld till payment. The respondents are till payment. The respondents are till payment. The respondents are directed directed directed to pay the said amount within a period of to pay the said amount within a period of to pay the said amount within a period of 12 12 12 weeks. weeks. weeks. 2.2.2. Rule is made absolute accordingly. No order as Rule is made absolute accordingly. No order as Rule is made absolute accordingly. No order as toto to costs. costs. costs. 2 (F.I.Rebello, (F.I.Rebello, (F.I.Rebello, J) J) J) (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J)