IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No. 49821/2015 (EDN-RES) BETWEEN:
Karthik.N.Kamath, Aged 19 years, S/o Late S.N.Kamath, R/at “Shree Nikethan” Door No.5-252/6, Subhashith nagar, Surathkal-574 157, D.K. District. ... Petitioner (By Sri P.M. Nayak, Advocate) AND 1. The Principal Secretary, Higher Education Department, Government of Karnataka, M.S. Building, VI Floor, Dr Ambedkar Veedi Bengaluru-560 001.
2. The Executive Director, Karnataka Examination Authority, Sampige Road, 18th Cross, Malleshwaram, Bengaluru-560 012.
3. The Principal, R.V. College of Engineering, R.V.Vidhyanikethan post, Mysore Road, Bengaluru-560 086. ... Respondents ( By Smt Pramodhini Kishan, AGA for R1 Sri N.K.Ramesh, Advocate for R2, Sri. Abhishek MaliPatil, Advocate for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records from the R-2 & 3; direct the R-3 to refund the amount of Rs.99,000/- (Rupees Ninety Nine Thousand Only) along with the interest at the rate of 18% per annum for the period from 11.08.2014 to the date of payment of this amount to the petitioner.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:-
ORDER This matter was argued for some time. The learned counsel for the petitioner read out the interim order of this Court made on 24.04.2018 wherein, certain observations are made as to legality or otherwise of the retention of the amount in question by the respondent-college.
2. The said college after filing of the Writ Petition has refunded a sum of Rs.99,000/- (Ninety Nine Thousand Rupees) only to the petitioner, albeit with delay. In view of delay of allegedly four years in refunding the amount, the learned counsel for the petitioner submits that the petitioner is entitled to levy of interest for the delayed payment, going by the provisions of the Interest Act, 1984 and the interpretation placed by Court on the provisions thereof.
3. Sri. Abhishek Mali Patil, the learned Panel Counsel for respondent-college graciously submits that the college need not argue the matter on merits inasmuch as the lis is substantially settled by making payment admittedly and therefore, the respondent-college shall pay a lumpsum of Rs.25,000/- (Twenty Five Thousand Rupees) only to the petitioner by way of ex-gratia within a period of one week from this day.
In view of the above, this Writ Petition is disposed off, placing on record the statement made on behalf of respondent-college.
Costs made easy.
Sd/- JUDGE DS/-