Punjab-Haryana High Court
Chief Administrator, Haryana State ... vs Jarnail Joginder Singh And Another on 30 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:059490
RSA-516-2021 (O&M) -1- 2024:PHHC:059490
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
249 RSA-516-2021 (O&M)
Date of Decision :30.04.2024
Chief Administrator, Haryana State
Agricultural Marketing Board and others ...Appellants
Versus
Jarnail Joginder Singh and another ....Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Padamkant Dwivedi, Advocate for the appellants.
Mr. Abhilaksh Grover, Advocate for respondent No.1.
***
Harsimran Singh Sethi, J. (Oral)
1. In the present regular second appeal challenge is to the
judgment and decree of the trial Court dated 13.11.2017 as well as of Lower
Appellate Court dated 19.01.2021 by which the suit filed by the respondent-
plaintiff for the grant of arrears of DA, ACP and other dues has been
allowed along with 9% interest on the said arrears.
2. Learned counsel for the appellant-Board submits that the
benefit claimed in the civil suit has wrongly been extended to the respondent
-plaintiff by the Courts below and that too along with interest @ 9% hence,
the judgment and decree of the Courts below are liable to be set aside.
3. Learned counsel for respondent No.1 submits that the benefit
granted by the Courts below has already been released by the appellant-
Board during the pendency of the present appeal and now the only issue
survives is with regard to interest on the arrears paid. Learned counsel for
1 of 3
Neutral Citation No:=2024:PHHC:059490
RSA-516-2021 (O&M) -2- 2024:PHHC:059490
the respondent No.1 further submits that the grant of interest on arrears @
9% per annum by the Courts below is perfectly valid and legal and the same
is liable to be upheld.
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. The only question which remains to be decided in the present
appeal is whether interest @ 9% per annum, which has been granted by the
Courts below is commensurate keeping in view the facts and circumstances
of the case as well as provisions of law.
6. Learned counsel for the respondent No.1 has not been able to
point out any evidence which has come on record that the bank interest rate
at the relevant time was @ 9% or as to how the interest rate has been
calculated before awarding the same. As per Section 34 of the CPC though,
the Courts are entitled to grant the benefit of interest but the same has to be
commensurate to the facts and circumstance of each case keeping in view
the bank rate admissible or should be @ 6% per annum.
7. As nothing has come on record to substantiate the fact that the
bank rate at the relevant time was @ 9%, the direction given by the Court
below to grant interest @ 9% per annum on arrears cannot be sustained and
keeping in view Section 34 of the CPC, respondent will only be entitled for
interest on arrears @ 6% per annum and not @ 9% per annum. Hence, the
judgment and decree of the Courts below are modified to the said extent that
the plaintiff-respondent is entitled for interest @ 6% per annum on the
arrears from the date the same became due till the actual payment of the
same and the present appeal is disposed of accordingly.
2 of 3
Neutral Citation No:=2024:PHHC:059490
RSA-516-2021 (O&M) -3- 2024:PHHC:059490
8. Civil miscellaneous application pending, if any is also disposed
of.
April 30, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
