- (1.) In both the writ petitions, issues involved are almost same, hence these petitions are being disposed of by a common order.
(2.) In brief the facts are that the Petitioner Nayak Industries Ltd. filed Civil Misc. Writ Petition No. 10347 of 2010 making following prayer: i. To issue a writ, order or direction in the nature of Certiorari quashing the Impugned Pubic Notice dated 10.2.2010 (Annexure No. 39); ii. To issue a writ, order or direction in the nature of Mandamus directing the Respondent Bank not to proceed with the alleged Notice Under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 if the same is served during the pendency of the Writ Petition although till date no such Notice has been served but only finds mention of the same in the Impugned Public Notice dt. 10.2.2010 (Annexure No. 39); iii. To issue a writ, order or direction in the nature of Mandamus directing the Respondent Bank to finalize the claim of refund of payment of balance amount of Rs. 11,76,64,132/- in view of the letter dt. 26.10.2009 (Annexure No. 32) issued by Head Office/Respondent No. 2; iv. To issue a writ, order or direction in the nature of Mandamus directing the Finance Ministry of Union of India/Respondent No. 6 to constitute a High Power Committee to look into the various anomalies committed (and still being committed) by the Respondent Bank of Baroda and to decide and determine the claim of refund of balance amount of Rs. 11,76,64,132/- (as on 31.7.2009) to the Petitioner as per his letters dated 14.12.2009 (Annexure No. 33) and dt. 8.2.2010 (Annexure No. 38);
(3.) The case as pleaded by the Petitioner is that in respect of the loan amount, the Petitioner was required to pay interest at the rate of 11% per annum but the Respondent bank charged interest at the rate of 18% per annum. The Petitioner, therefore, deposited the huge amount with the bank. However, the Petitioner raised objections about excess charging of interest on the loan amount then the Respondent bank started returning the amount and till the date of filing the Writ petition No. 10347 of 2010, the amount of Rs. 1,26,51,521/- had already been refunded to the Petitioner. The Respondent bank had also informed the Petitioner vide letter dated 26.10.2009 that necessary action is being taken upon Petitioner's letter/complaint/representation and the Petitioner will be informed in this regard.;