- 1 - HC-KAR NC: 2025:KHC:29630 WP No. 24094 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24094 OF 2024 (GM-RES) BETWEEN: M/S. SWEET HOME CONSTRUCTIONS REPRESENTED BY THE PROPRIETOR OF THE FIRM SRI SHIVANAND R SHETTY AGED ABOUT 53 YEARS HAVING ITS PLACE OF BUSINESS AT NO.8, GROUND FLOOR DATTATREYA COMPLEX SAI MANDIR ROAD, KARWAR 581306 KARNATAKA. …PETITIONER (BY SRI. RAVIKIRAN P PAWAR.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTEC BY ITS ADDTIONAL CHIEF SECRETARY KARNATAKA PUBLIC WORKS DEPAWRTMENT M S BUILDINGS BANGALORE 1560 001. 2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ESI) 1ST FLOOR, NO 2 DIVISION KR ROAD BANGALORE 560 001 …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 AND R2) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29630 WP No. 24094 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTITON OF INDIA PRAYING TO REFUNDING OF THE FIXED SECURITY DEPOSIT RETAINED AT RS.4,14,380.00 (RUPEES FOUR LAKH FOURTEEN THOUSANDS THREE HUNDRED EIGHTY ONLY) ALONG WITH AN INTEREST OF 18 PERCENT PER ANNUM FROM 20.12.2012 i.e., THE DATE OF FINAL BILL TO THE DATER OF ITS ACTUAL REALISATION AS PER ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner who has completed certain construction works for the second respondent is aggrieved because monies payable is not paid. The petitioner seeks direction to the respondents to pay Rs.4,14,380/- along with interest at the rate of 18% p.a. with effect from *20.12.2012 alleging that the respondents have retained this amount without justification. *Corrected vide Court order dated 17.10.2025 - 3 - HC-KAR NC: 2025:KHC:29630 WP No. 24094 of 2024 Sri Ravi Kiran P Pawar, the learned counsel for the petitioner, and Sri Shamanth Naik, a learned High Court Government Pleader, are heard for final disposal. This Court must observe that the respondents do not dispute the liability to refund the aforementioned amount to the petitioner. However, Sri Ravi Kiran P Pawar submits that because the respondents have withheld despite directions by this Court in another matter, the respondents must be called upon to pay interest at the rate of 12% pa. This Court must observe that, generally, interest is awarded at 6% pa and if any interest is to be awarded at a higher rate, then such award must be based on a certain failure in responsibility and that would require examination of facts. When queried in this regard Sri Ravi Kiran P Pawar submits that the petition can be disposed of directing the respondents to pay interest that is reasonable. - 4 - HC-KAR NC: 2025:KHC:29630 WP No. 24094 of 2024 In the light of the afore, the petition stands disposed of directing the respondents to pay [within eight weeks], a sum of Rs.4,14,318/- with interest at 6% pa computed for the period from *20.12.2012 to the date of payment. Sd/- (B M SHYAM PRASAD) JUDGE NV *Corrected vide Court order dated 17.10.2025