LAWS(GJH)-2010-8-322

PRANIT K NANAVATI Vs. UNION OF INDIA

Decided On August 23, 2010
PRANIT K.NANAVATI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction to hold and declare that the impugned action of the respondents of withholding the amount of interest accrued till date on the principal amount deposited by the petitioner in the NSS Account No. 9141 through his power of attorney holder under the National Savings Scheme, 1987 as illegal, unreasonable and without authority of law.

(2.) It is further prayed for an appropriate writ, order or direction directing the respondents, its officers, servants and agents to release forthwith the principal amount as well as the amount of interest accrued till date on the principal amount deposited by the petitioner in NSS Account No. 9141 through his power of attorney holder alongwith further interest at the rate of 10% per annum till the date of payment.

(3.) It is the case on behalf of the petitioner that the petitioner made various deposits from 02/04/1988 to 31/03/1992 under the National Savings Scheme, 1987 to the tune of Rs. 90,000/- in NSS Account No. 9141 opened by the petitioner through his power of attorney. It is the case on behalf of the petitioner that the total amount with interest accrued on the principal amount as on 01/04/2006 was Rs. 4,14,873/-, which is illegally withheld by the respondents allegedly on the ground that the amount deposited by the petitioner, through his father Shri K.S. Nanavati as his power of attorney holder, was itself contrary to the rules of National Savings Scheme and, therefore, the interest amount accrued cannot be disbursed. Being aggrieved and dissatisfied with the above, the petitioner has preferred the present Special Civil Application.