PUR POLYURETHANE PRODUCTS PVT. LTD. AND ORS. Vs. DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND ORS.

JUDGEMENT

(1.) THE petition seeks mandamus to the respondents No. 1&2 Delhi State Industrial & Infrastructure Development Corporation Ltd. (DSIIDC) to pay to the petitioner No. 1 Company (the petitioner No. 2 is the Director of the petitioner No. 1) interest accrued on the amount of Rs. 14,25,000/ - from 3rd September, 1993 to 12th May, 2010. The petition was entertained and counter affidavit, additional affidavit and another short affidavit have been filed by the respondents DSIIDC. The counsels have been heard.

(2.) THE position which emerges is as under: -

(3.) PER contra, the counsel for the respondents DSIIDC has contended that, (a) a writ petition for monetary claim is not maintainable; (b) the respondents DSIIDC in its various affidavits filed in this Court has categorically stated that the money was kept in a non -interest bearing Current Account and always remained in the said Current Account and the respondents DSIIDC has not earned anything thereon; (c) what was meant by stating before the Court in W.P.(C) No. 3916/1990 that the money had been kept "in a separate account" was only to convey that it was being retained in the Current account without utilising the same and no separate account was opened for keeping the said money; (d) payment of interest is by way of compensation and the petitioner no. 1 Company having refused to take back the money inspite of dismissal of W.P.(C) No. 3916/1990, cannot now turnaround and claim interest.