V.G.PALSHIKAR
MARUDHARA CONDUCTORS PVT. LIMITED – Appellant
Versus
STATE BANK OF INDIA – Respondent
V. G. PALSHIKAR, J.
( 1 ) BY this petition, the petitioners have challenged realisation of certain amounts of money by way of interest by the respondent No. 1 Bank. The contention of the petitioner is that no such interest could have been charged in the absence of either statutory provisions or contractual undertaking. The charge of interest is therefore, void ab initio, it is liable to be quashed.
( 2 ) THE prayers read as under :"f/1. The respondent be directed not to charge interest from the petitioner No. 1 on the amount after the same has been realised by any of the branches of Respondent No. 1 till this advice in regard to the receipt of the amount is received by Respondent No. 2. F/2. The Respondent be directed to refund the petitioners the interest which is impugned in this writ petition charged from time to time. F/3. Any other appropriate writ, order or direction which the circumstances of the case warrant may be passed in favour of the petitioner. F/4. The cost of this writ petition may be awarded to the petitioner. "
( 3 ) FROM the above prayers, it is obvious that the petitioner is seeking refund of money wrongly recovered from him. Writ jurisdiction cannot be
REFERRED : Whirpool Corporation v. Registrar of Trade Marks, Mumbai
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