Shubhawati Devi vs State Of U.P. And 2 Others
2021 Latest Caselaw 1493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 32 of 2021
 

 
Appellant :- Shubhawati Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Surendra Prasad Yadav
 
Counsel for Respondent :- C.S.C.,Abhishek Misra
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

By this appeal, a challenge is made to the judgment dated 10.12.2020, whereby the claim of the petitioner for interest at the rate of 18% was not accepted finding it to be involving a question of fact. It can be determined on leading evidence.

What we find that pursuant to the direction of this Court in the writ petition the principal amount of Rs.7,16,740/- was paid along with interest of Rs.39,060/-. The petition is to seek higher rate of interest without giving the basis and otherwise the recovery of the amount should appropriately be sought by filing a civil suit for recovery and not by maintaining a writ petition under Article 226 of Constitution of Inida.

In view of the above, we find no reason to cause interference in the judgment dated 10.12.2020.

The appeal fails and is accordingly, dismissed.

Order Date :- 22.1.2021

Ashish Pd.