103-215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-6530-C-2025 in/and RSA No.1362 of 2012 (O&M) Date of Decision: May 26, 2025 M/s Rana Chillers (P) Limited and others . . . . Appellants Vs. Naonal Horculture Board and others . . . RESPONDENTS CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Mayank Mathur, Advocate for the appellant. Mr. Vishwajit Bedi, Advocate for respondent No.1. DEEPAK GUPTA, J. CM-6530-C-2025 This is an applicaon moved by the appellant to place on record the copy of calculaon Annexure A-2/3. Allowed. Annexure A-2/3 is taken on record. RSA-1362-2012 (O&M) Learned counsel for respondent No.1 has also placed on record the calculan dated 19.05.2025, which is also taken on record. 2. Civil suit filed by plainff - Naonal Horculture Board (respondent herein) against defendant - M/s Rana Chillers (P) Limited and others was decreed by the trial Court on 29.04.2008. A decree for recovery of `52,96,692/- with interest @ 18% per annum from the date of filing of the suit ll the date of decree and on the same rate, ll realizaon of the decretal amount, was passed. Vide judgment dated 06.12.2011, learned Addl. District Sarita Rani 2025.05.26 19:02 I attest to the accuracy of this document/order RSA No.1362 of 2012 (O&M) 2025:PHHC:071791 Judge dismissed the appeal as filed by defendant Nos.1 to 4, though the appeal of defendant No.5 - Indian Overseas Bank was allowed and suit qua said defendant No.5 was dismissed. 3. Against the aforesaid concurrent findings, present appeal was filed by three of the contesng defendants. 4. The only contenon raised before this Court was regarding the payment of interest. The contenon as raised by learned counsel was reflected by this Court in the order dated 22.04.2025, which reads as under:- "Learned counsel for the pares have been heard at considerable length. As per contenon raised by learned counsel, though there is a Clause regarding payment of service charge @ 4% per annum on the unpaid installments, but there is no Clause regarding payment of interest and therefore, the Courts below have commiDed error in granng interest @ 18% per annum on the decreetal amount. Although, at one stage learned counsel for respondent No.1 did not dispute the said fact that there is no Clause regarding payment of interest in the agreement and so in these circumstances the interest is liable to be paid as per the provisions of Secon 34 CPC. This Court feels that the payment of interest @ 12% per annum on the principal sum adjudged, i.e. principal amount + interest which was due prior to filing of the suit, shall be payable @ 12% per annum from the date of instuon of the suit ll the date of decree and thereaFer, the interest is to be paid @ 6% per annum. However, learned counsel for respondent No.1 seeks short adjournment, so as to clarify about the Clauses of the agreement and in case, there is no such Clause regarding payment of interest, then he will file his calculaon accordingly, as per above order. Adjourned to 26.05.2025. To be taken up aFer urgent list." Sarita Rani 2025.05.26 19:02 I attest to the accuracy of this document/order RSA No.1362 of 2012 (O&M) 2025:PHHC:071791 5. Pursuant to the aforesaid order, learned counsel for respondent No.1 has placed on record the calculaon dated 19.05.2025, as per which an amount of `92,94,050/- is made out as payable by the appellant-defendant. The said calculaons have been arrived at by keeping in view the order dated 22.04.2025 and by calculang the interest accordingly. 6. On the other hand, learned counsel for the appellant has placed on record the calculaons (Annexure A-2/3) as per which, an amount of `92,56,810/- is payable. Thus the difference is hardly of approximately `38,000/-. 7. AFer arguing for some me, learned counsel for the appellant has agreed to pay the amount of `92,94,050/- as per calculaons of the respondent-plainff. 8. In view of the aforesaid facts and circumstances, present appeal stands disposed of by holding that appellant-defendant shall be liable to pay the total amount of `92,94,050/- with interest calculated up to 15.05.2025. Further interest shall be calculated as per order dated 22.04.2025 of this Court, as reproduced above. Disposed of. May 26, 2025 Sarita (DEEPAK GUPTA) JUDGE Whether speaking/reasoned? Yes/No Whether reportable? Yes/No Sarita Rani 2025.05.26 19:02 I attest to the accuracy of this document/order