RSA No. 3526 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3526 of 2008 Date of Decision: 31.7.2009 State of Haryana and another ......Appellants Versus Suresh Kumar .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 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: Shri Kulvir Narwal, Additional AG, Haryana, for the appellants. None for the respondent. HEMANT GUPTA, J. (Oral). The defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the suit of the plaintiff seeking permanent injunction restraining the defendants from recovering an amount of Rs.66,925/- was dismissed. However, it was ordered that the the plaintiff-Contractor shall be liable to pay interest @ 9% p.a., on the principal amount of Rs.56,405/- from the date of the passing of the order i.e., 24.9.1994. The only ground raised by the learned counsel for the appellants is that since in the agreement, interest @ 24% p.a. was stipulated, therefore, the rate lower than that is not proper exercise of discretion by the learned first Appellate Court. RSA No. 3526 of 2008 (2) The learned first Appellate Court has found that interest @ 24% p.a. is not only excessive, but also penal. After returning such finding, interest @ 9% p.a., has been awarded. The discretion exercised by the learned first Appellate Court, cannot be said to be unfair or unjustified, which may give rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed. (HEMANT GUPTA) JUDGE 31-07-2009 ds