-1- Regular Second Appeal No. 2551 of 2010 (O&M). IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: March 15, 2011. Regular Second Appeal No. 2551 of 2010 (O&M). M/s. Mahalaxmi Trading Company through its proprietor Mahipal ... Appellant VERSUS Satish Kumar ... Respondent CORAM : HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr.Sanjiv Gupta, Advocate, for the appellant. Mr. H.P.S.Ghuman, Advocate, for the respondent. -.- MOHINDER PAL, J. In this appeal, challenge has been made to the judgments and decrees passed by both the Courts below whereby suit for recovery filed by the plaintiff-respondent against the defendant-appellant has been decreed to the extent of Rs.69351.43 along with interest at the rate of 16 per cent per -2- Regular Second Appeal No. 2551 of 2010 (O&M). annum from the date of filing of the suit till its realization. On 16.7.2010, when this appeal came up for hearing before this Court, the judgments and decrees passed by both the Courts below with regard to recovery of the aforesaid amount were maintained. However, by observing that there appeared to be patent illegality in awarding the rate of interest/future interest on the decretal amount at the rate of 16 per cent per annum in the absence of any agreement in this regard, notice of motion was issued to the plaintiff-respondent with regard to the limited question of awarding rate of interest/future interest only. After hearing the learned counsel for the parties and keeping in view the fact that the defendant-appellant is a Commission Agent and the plaintiff-respondent a poor farmer and the transaction in question being a commercial one, it is ordered that the plaintiff-respondent will be entitled to recover the decretal amount from the defendant-appellant with interest at the rate of 12 per cent per annum from the date of filing of the suit till its realization. This appeal stands disposed of accordingly. ( MOHINDER PAL ) March 15, 2011. JUDGE ak