JUDGMENT : A.J.DESAI, J. 1. By way of present Appeal under Clause 15 of the Letters Patent, the appellant - original petitioner, who has succeeded before the learned Single Judge, has challenged the oral judgment passed by learned Single Judge dated 20.04.2015, by which the learned Single Judge has awarded interest only @ 6% p.a. from 08.07.1981. 2. The Appeal came to be admitted by order dated 12.07.2019. 3. The short facts emerged from the records are as under : 3.1 The appellant and his brother deposited an amount of Rs. 87,856/- with the respondent – Bank in FDR on 08.06.1976 for a period of 61 months bearing interest rate @ 10% p.a. The said FDR was to mature on 08.07.1981. On the maturity date, the appellant requested the respondent – Bank to repay the amount which was invested for the period of 61 months along with interest. The maturity amount at the end of 61 months became Rs. 1,42,162/-. The appellant sent various reminders for payment, however, the same was not replied to nor the amount was paid. Ultimately the petitioner was compelled to file the aforesaid writ petition. 3.2 By the impugned oral judgment, learned Single Judge has accepted the petition and directed the Bank to pay the amount with interest @ 6% from 08.07.1981 till the amount is realized. The bank has not challenged the aforesaid judgment and therefore the same has become final for the respondent – Bank. However, the original petitioner – appellant herein has filed this Appeal for additional amount of interest as per the interest which was referred in FDR as @ 10%. 3.3 It is the case of the appellant that though several reminders were made, amount was not paid to appellant and the amount remained with the respondent – Bank itself. 4. Mr. Dave, learned advocate appearing for the appellant would submit that it has been held by the learned Single Judge that the amount was illegally retained by the respondent – Bank and therefore, has directed to refund the amount with interest, however, the learned Single Judge ought to have granted the interest as per Section 3(1)(a) of the Interest Act, 1978. He would submit that from 1981 to 2015 when the amount has been deposited by the respondent – Bank, the average interest rate is 11%. He would submit that from 1981 to 2015 when the amount has been deposited by the respondent – Bank, the average interest rate is 11%. However, he would claim only 10% interest since the FDR interest rate was 10%. He therefore, submits that Appeal be accordingly allowed. 5. On the other hand, learned advocate Mr. K.M. Parikh appearing for the respondent – Bank has opposed this Appeal. He would submit that appellant would not be entitled for any additional interest in view of the fact that he has already received the amount way back on 11.08.2015. He would submit that the bank has already paid the entire amount with interest @ 6% and therefore, now the appellant cannot claim additional interest. He would submit that granting of additional interest at additional rate is beyond the scope of Appeal. He therefore submits that Appeal be dismissed. 6. We have heard learned advocate Mr. Jaimin R. Dave appearing for the appellant and Mr. K.M. Parikh, learned advocate appearing for the respondent – Bank. 7. It is an undisputed fact when the respondent – Bank did not pay the matured amount, the petitioner filed the petition and prayed for appropriate Writ, order or direction, directing the Bank to repay the amount with interest @ 10% p.a. from 1976 to 08.07.1981 and has claimed 15% interest p.a. from 08.07.1981 till realization. It is an undisputed fact that when the amount was invested by the present appellant with the respondent – Bank, the rate of interest in the Fixed Deposit was 10% p.a. The scheme is of with simple interest @ 10%. It is true that the Bank has deposited certain amount only in the year 2015, however, in our opinion, the appellant would be entitled for additional interest rate as provided under section 3(1) of the Interest Act, 1978 reads as under : - “3. Power of court to allow interest. It is true that the Bank has deposited certain amount only in the year 2015, however, in our opinion, the appellant would be entitled for additional interest rate as provided under section 3(1) of the Interest Act, 1978 reads as under : - “3. Power of court to allow interest. - (1) In any proceedings for the recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest, for the whole or part of the following period, that is to say,-- (a) if the proceedings relate to a debt payable by virtue of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings: Provided that where the amount of the debt or damages has been repaid before the institution of the proceedings, interest shall not be allowed under this section for the period after such repayment. (2) ….xxxx…… (3) ….xxxx…..” 8. It is an undisputed fact that when the appellant has deposited the amount, the interest rate was 10% and therefore, in our opinion, provision of Section 3(1)(a) would be applicable. 9. Hence, Appeal is ALLOWED. We hereby hold that the appellant would be entitled for additional interest rate of 4% from 08.07.1981 till 11.08.2015. The respondent – Bank is hereby directed to calculate the amount and shall pay the same within a period of six weeks from the date of copy of receipt of this order. If the amount is not deposited, the respondent – Bank shall be liable to pay interest rate of 12%, as prayed for. Direct service is permitted.