Punjab-Haryana High Court
Haryana Urban Development Authority vs Ashok Kumar And Another on 4 February, 2011
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYNA AT CHANDIGARH.
RSA 3468 of 2009
Date of decision:4.2.2011
Haryana Urban development Authority
Appellant.P
vs.
Ashok Kumar and another
Respondent
Present: Mr. Ajay Nara, Advocate.
Mr. Nitin Jain, Advocate.
M.M.S.BEDI,J.
The short question involved in the present appeal is whether the defendant- appellant Haryana Urban Development Authority can charge compound interest @ 18% per annum on the enhanced cost/ delayed payment . The courts below have held that the defendant- appellant is entitled to charge simple interest @ 15% per annum on the delayed payment from the date of issuing of notice dated 18.2.1988 till 9.6.2003 and after calculating the total outstanding amount , an amount of Rs.75,122/- shall be deducted from the said amount and the balance outstanding amount shall again be calculated @ 15% per annum simple interest till realization. The finding of the courts below is based on the various judgments passed by this court, including the judgment of Apex Court in Roochira Ceramics vs Haryana Urban Development Authority 2001(1) P.L.J. 109 laying down that HUDA is entitled to charge interest @ 10% per annum only. In view of the said circumstances, no substantial question of law is involved in the present appeal warranting interference, especially when the entire amount along with simple interest @ 15% per annum has already been paid by the plaintiff- respondents during the pendency of the proceedings before the courts below.
Dismissed.
February 4 ,2011 ( M.M.S.BEDI ) TSM JUDGE