RSA No. 3526 of 2008 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No. 3526 of 2008
Date of Decision: 31.7.2009
State of Haryana and another ......Appellants
Versus
Suresh Kumar .......Respondent
CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Shri Kulvir Narwal, Additional AG, Haryana,
for the appellants.
None for the respondent.
HEMANT GUPTA, J. (Oral).
The defendants are in second appeal aggrieved against the
judgment and decree passed by the learned first Appellate Court, whereby
the suit of the plaintiff seeking permanent injunction restraining the
defendants from recovering an amount of Rs.66,925/- was dismissed.
However, it was ordered that the the plaintiff-Contractor shall be liable to
pay interest @ 9% p.a., on the principal amount of Rs.56,405/- from the date
of the passing of the order i.e., 24.9.1994.
The only ground raised by the learned counsel for the
appellants is that since in the agreement, interest @ 24% p.a. was stipulated,
therefore, the rate lower than that is not proper exercise of discretion by the
learned first Appellate Court.
RSA No. 3526 of 2008 (2)
The learned first Appellate Court has found that interest @
24% p.a. is not only excessive, but also penal. After returning such finding,
interest @ 9% p.a., has been awarded.
The discretion exercised by the learned first Appellate Court,
cannot be said to be unfair or unjustified, which may give rise to any
substantial question of law in the present second appeal.
Hence, the present appeal is dismissed.
(HEMANT GUPTA)
JUDGE
31-07-2009
ds