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2025 DAILYLAW 38593 (HP)

VIKRAM CHAND v. STATE

CWP/4157/2012 · 2025-12-04

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:42033 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4157 of 2012 Decided on: 04.12.2025 Vikram Chand … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Shagun Sharma, Advocate. For the respondent : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3-State. Mr. Rajiv Rai, Advocate, for respondent No.4. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “i) that the impugned order dated 30.8.2011 passed in Case no.208/2009 may kindly be quashed and set aside, consequently all the orders as well as proceedings under Section 69 of the H.P. Cooperative Societies Act may also be quashed and set aside or in the alternative the impugned order exonerating the respondent Managing Committee and its members from the liability may be quashed and set aside.” 2. The prayer of the petitioner is for quashing of order 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:42033 dated 30.08.2011, in terms whereof, the revision petition filed by the petitioner against the order passed by Joint Registrar in appeal was rejected. 3. Learned Senior Counsel for the petitioner submitted that the matter can be put to a quietus if this much indulgence is shown to the petitioner that the rate of interest which has been imposed as 15% be waived of or it be reduced in light of the Resolution that was passed by the respondent-Society in the year 2020 to 2023, in terms whereof, the interest @ 7% has been resolved to be charged from the petitioner on the principal amount payable in terms of the orders passed by the Authorities concerned post 2006. 4. On the other hand, learned Counsel for the respondents has submitted that the petitioner had himself agreed to pay interest @ 12% and, therefor,e if this Court deems it proper that the rate of interest be reduced to 12%. 5. Having heard learned Senior Counsel for the petitioner and learned Counsel for the respondent-Corporation and taking into consideration the fact that the litigation is long drawn between the parties, i.e. the dispute between Secretary of the Cooperative Society on one hand, who happens to be the petitioner and the Cooperative Society on the other hand and further taking into consideration the 3 2025:HHC:42033 fact that now the age of the petitioner is stated to be 90 years old, in the peculiar facts of the case and in order to put a quietus to the litigation between the parties, this petition is disposed of by modifying the order passed by the Authorities against the petitioner by reducing the rate of interest to 7% simple interest as from the date when the amount was payable to the petitioner till the same was paid or shall be paid. Now, the amount in terms of this order be definitely made good by the petitioner by paying the same to the respondent-Society on or before 31.01.2026. 6. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge December 04, 2025 (Rishi)