Regular Second Appeal No.121 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Regular Second Appeal No.121 of 2009 (O&M) Decided on : May 28, 2009 Raju Malhotra ... Appellant VERSUS Punjab Tourism Development Corporation Ltd. ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.J.R.Mittal, Senior Advocate assisted by Mr.Lalit Sharma, Advocate for the applicant-appellant. A.N.JINDAL, J.- This is second appeal by Raju Malhotra – appellant/defendant (herein referred as `the appellant') against the judgment and decree dated 25.2.2008 passed by District Judge, Chandigarh, dismissing the appeal filed by the appellant against the judgment and decree dated 6.9.2005, whereby, the suit of the plaintiff – respondent Corporation (herein referred as `the respondent') for recovery of Rs.1,43,689/- was decreed with future interest at the rate of 12% per annum from the date of filing of the suit till its decision and interest at the rate of 6% per annum from the date of decision, till payment of the amount. The case relates to the recovery of the shortages shown by the appellant while he was in-charge of the Fuel Filling Station, village Regular Second Appeal No.121 of 2009 [ 2 ] Kandhnian, Tehsil Malout, District Muktsar. On checking of the Fuel Station at the time of taking over the charge from the appellant, the following shortages were found:- Sr.No. Description of item found short Quantity (in liters) Rate per liter (in Rupees) Value (in Rupees) 1 Motor Spirit (Petrol) 2754 23.64 65104.56 2 HSD (Diesel) 4056 9.55 38734.8 3 Cash in hand --- --- 23318.98 TOTAL 1,27,158.34 The Trial Court decreed the suit in favour of the respondent. The District Judge dismissed his appeal with the modification in the judgment that the respondent would be entitled to pay interest at the rate of 6% from the date of filing of the suit till realisation. Heard. On scrutiny of both the judgments, it transpires that the evidence has been appreciated in the right perspective. Both the courts below have concurrently held that the appellant being the in-charge of the fuel filling station was responsible for the shortages found, which were not only with regard to cash, but also regarding Petrol and Diesel. Therefore, no interference could be made with the concurrent findings of fact returned by both the courts below. No substantial question of law arises for consideration. Faced with the situation, learned Senior Counsel for the appellant has urged that actually the Trial Court as well as the first Appellate Court should not have allowed the interest at the rate of 6% per annum on the principal as well as interest, but the interest could be awarded Regular Second Appeal No.121 of 2009 [ 3 ] only on the principal sum of Rs.1,27,158.34 paise. Having examined the issue, it transpires that the suit was filed for a sum of Rs.1,43,689/- [Rs.1,27,158.34 paise (principal amount) + Rs.16,530.58 paise (interest)]. As such, the Court could order interest at the rate of 6% per annum on the principal amount of Rs.1,27,158.34 paise from the date of filing of the suit till realisation of the entire decretal amount. Ordered accordingly. With the above modification in the impugned judgment and decree, this appeal is dismissed. This petition is disposed of without issuing notice to the respondent with a view to imparting complete justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move this court for recalling this order. May 28, 2009 ( A.N.JINDAL ) `gian' JUDGE