Judgment :- (PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation dated 24.09.2005 and to consequently direct the third respondent to pay the amounts due to the petitioner under the 4 fixed deposits all dated 08.02.2000.) The prayer in the writ petition is for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation dated 24.09.2005 and to consequently direct the third respondent to pay the amounts due to the petitioner under the 4 fixed deposits all dated 08.02.2000. 2. A counter affidavit has been filed by the third respondent. The admitted facts of the case are set-out in Paragraph No.3 of the counter affidavit, which reads as follows:- "The petitioner, on 08.03.2000, had invested Rs.2,00,000/- for a period of five years vide 4 Fixed Deposit Nos. each for a sum of Rs.50,000/- under the Deepam Deposit Scheme, with the third respondent Bank. The Fixed Deposits of Rs.2,00,000/- vide 4 F.D. had matured on 08.06.2005. On maturity, the third respondent Bank has to repay Rs.1,00,390/- per deposit of Rs.50,000/- to the petitioner. In total, the respondent Bank has to repay Rs.4,01,560/- to the petitioner towards repayment of 4 nos. of Fixed Deposits." Paragraph No.8 of the counter affidavit reads as follows: "It is therefore prayed that this Hon 'ble Court may be pleased to consider granting time till 30.06.2006 to the third respondent Bank for repayment of the matured amounts of the fixed deposits of the petitioner". 3. The petitioner has deposited his hard earned money in the third respondent Bank. Admittedly, as on 08.06.2005, a sum of Rs.4,01,560/- is repayable by the third respondent Bank to the petitioner. In spite of the representations sent by the petitioner to the third respondent Bank, the third respondent had not repaid the same. In fact, the third respondent Bank had issued a 'No Due Certificate' dated 24.02.2006 to the petitioner. 4. Admittedly, as on 08.06.2005, a sum of Rs.4,01,560/- is repayable by the third respondent Bank to the petitioner. In spite of the representations sent by the petitioner to the third respondent Bank, the third respondent had not repaid the same. In fact, the third respondent Bank had issued a 'No Due Certificate' dated 24.02.2006 to the petitioner. 4. The learned counsel for the petitioner submitted that there is absolutely no reason for the third respondent Bank in retaining the amount, when no amount is due to the Bank and therefore the third respondent Bank is liable to pay the interest on the said sum of Rs.4,01,560/- at the rate of 13.5% per annum which was the rate of interest payable on Fixed Deposits. 5. The learned counsel for the third respondent Bank submitted that the interest is payable only if the Fixed Deposits are renewed. The contention of the learned counsel for the third respondent Bank is unsustainable for the reason that on the maturity of the Fixed Deposits, the petitioner wanted the bank to repay the matured amounts, but the third respondent Bank without any justification retained the same. Thus, the petitioner is deprived of the user of the above said amount from the date of maturity of the Fixed Deposits. Even if there is no renewal of Fixed Deposits, since the petitioner had been deprived of the user of the money, which was legally repayable to her by third respondent Bank, the third respondent Bank is liable to pay interest at 13.5%. 6. Accordingly, the third respondent Bank is directed to pay the interest at 13.5% per annum on the admitted amount of Rs.4,01,560/- from 08.06.2005 till 30.06.2006. Since in the counter affidavit, the third respondent has stated that its financial position is not sound and is not in a position to repay the amount immediately and has prayed for time till 30.06.2006 and further the learned counsel for the petitioner also agrees for the same, time is granted to the third respondent till 30.06.2006 to pay the above said amount. The third respondent is directed to pay the sum of Rs.4,01,560/- with interest at 13.5% thereon from 08.06.2005 till the date of repayment, on or before 30.06.2006. 7. With the above direction, this writ petition is disposed of. No costs.