1 / 3 2025:CGHC:46086-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1204 of 2022 Dr. Ma. Pou Shoung S/o Dr. C.H.Ma. Aged About 37 Years R/o Sr. M.I.G. 18 Bodhghat Colony (Main Road) Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner Versus 1 - Anil Tiwari S/o R.K. Tiwari Aged About 60 Years Prop. Ayodhya Commercial Bhawan, Chandani Chowk, Jagdalpur, District Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2 - Dr. Ma. Fungfung D/o Dr. C.H. Ma. R/o Through Dr. C.H.Ma Senior M.I.G. 18 Bodhghat Colony (Main Road) Jagdalpur, District Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate. For Respondents : Mr. Vikash A. Shrivastava, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Radhakishan Agrawal SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.09.10 17:16:36 +0530 2 / 3 Order on Board 10.09.2025 Sanjay K. Agrawal, J. 1. The petitioner/tenant has filed this writ petition under Article 226 of the Constitution of India, calling in question, the legality and validity of the order passed by C.G. Rent Control Tribunal, Raipur (C.G.) by which the order passed by Tribunal dated 01.03.2017 has been affirmed and the appeal has been dismissed. 2. The Rent Controller by its order dated 01.03.2017 directed the petitioner to pay the arrears of rent amounting to Rs. 73,200/- within two months from the date of order, failing which interest at the rate of 18% would be payable on the said amount and further directed to make payment of damages to the extent of Rs. 500/- per day i.e. Rs. 67,000/-. 3. Counsel for the petitioner submits that the petitioner is ready and willing to pay the arrears of rent, but seeks setting aside of the penalty amounting to Rs. 67,000 and the penal interest. 4. Learned counsel for the respondent submits that the Rent Controller was fully justified in imposing the penalty, and the order does not warrant interference by this Court. 5. We have heard learned counsel for the parties and perused the material available on record. 3 / 3 6. Having heard the learned counsel for the parties and after going through the record and in view of the petitioner’s willingness to pay the arrears of Rent of Rs. 73,200/-, we deem it appropriate to set aside both the penal interest and the damages amounting to Rs. 67,000/-, which is excessive and unreasonable. 7. Counsel for the petitioner undertakes to pay the arrears of rent to the landlord within 45 days from today. The undertaking is placed on record. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Saurabh