Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28323 WP No. 2320 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2320 OF 2025 (LB-TAX)
BETWEEN:
M/S HIND METALS A PROPRIETORSHIP CONCERN OFFICE AT CITB PLOT NO. 39, RAVINAGAR, 5TH CROSS INDUSTRIAL ESTATE GOKUL ROAD, HUBBALLI 580030 REPRESENTED BY ITS PROPRIETOR R SIKANDAR BASHA. …PETITIONER (BY SRI. RAKESH B BHATT.,ADVOCATE) AND:
MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL CHITRADURGA, P B ROAD CHITRADURGA - 577 501. …RESPONDENT (BY SMT. SINCHANA M R, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO REFUND /REPAY SUM OF RS. 44,81,271/- TO THE PETITIONER ALONG WITH INTEREST AT 18
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28323 WP No. 2320 of 2025
PERCENT PER ANNUM; DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 10.10.2024 TO THE R-1 (ANNX-F).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has successfully participated in a Tender and has received certain quantity of Scrap pipes [Cast Iron Pipes and Ductile Iron Pipes]. The petitioner states that it is only liable to pay Rs.2,59,39,339/- but it has deposited Rs.3,04,20,610/-. The petitioner has prayed for directions to the respondent to refund the difference between Rs.2,59,39,339/- and Rs.3,04,20,610/- in a sum of Rs.44,81,271/- with interest at 18% per annum.
2. Ms. M R Sinchana, the learned counsel for the respondent, places on record a copy of the Communication dated 22.05.2026 addressed by the
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HC-KAR NC: 2026:KHC:28323 WP No. 2320 of 2025
respondent’s office, and the learned counsel submits that this Communication acknowledges that the petitioner must be refunded Rs.44,81,271/-. When queried on the claim by the petitioner for interest, the
learned counsel submits that her instructions are that in the negotiations with the respondent, the petitioner has agreed to give up the claim for interest amount.
3. Sri Rakesh B Bhatt, the learned counsel for the petitioner, is heard in the light of these
submissions, and he submits that this Court may pass just orders on interest as there is nothing in writing to indicate that the petitioner has waived the claim for interest. These circumstances are considered. The respondent must indeed ensure refund of Rs.44,81,271/- within four weeks as now stated before this Court. If there an agreement to waive interest, that should also be recognized but if there is delay in refunding the amount despite a
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HC-KAR NC: 2026:KHC:28323 WP No. 2320 of 2025
statement before this Court, there must be just orders on the interest. This Court is of the view that if the amount is not refunded within four weeks from the date of receipt of this order, the respondent must pay interest at 6% per annum from the date of the petition [16.01.2025] till the date of actual payment. In the light of the afore, the following:
ORDER [a] The petition is allowed directing the respondent to refund a sum of Rs.44,81,271/- to the petitioner within four [4] weeks from the date of receipt of a certified copy of this
order.
[b] The petitioner is reserved liberty to file a certified copy of this order with the respondent within a week from the date of receipt thereof.
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HC-KAR NC: 2026:KHC:28323 WP No. 2320 of 2025
[c] It is declared that the respondent shall be liable to pay interest at 6% if there is delay in refunding the amount within the timeline now permitted i.e. from the date of the petition [16.01.2025] till the date of actual payment.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-