1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3771 of 2009. Date of Decision: 18.10.2011 *** M/s Amrit Steel Industries & Ors. .. Appellants VS. Bharat Sanchar Nigam Limited .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Vivek Verma, Advocate for the appellants. Mr. Nitin Rathee, Advocate for the respondent. *** ARVIND KUMAR, J. The defendants-appellants have filed the instant regular second appeal against the judgments and decrees passed by the Courts below by virtue of which the suit of plaintiff-respondent for recovery of the amount of three bills i.e. Ex.P4, Ex.P5 and Ex.P6 for Rs. 62482/-, Rs. 25728/- and Rs. 10696/- respectively has been decreed. It is apt to mention here that this Court, on 21.10.2009 finding that no substantial question is involved in the appeal, dismissed the same, so far as principal amount is concerned. However, notice was issued qua interest part, as awarded by the Courts below on the principal amount. Heard. The perusal of the judgment passed by the learned trial Court, it is evident that it had awarded interest at the rate which is being charged by nationalized banks on saving on the principal amount from the date of accrual i.e. September 11,1999 till realization. However, the lower appellate Court while dealing with the appeal filed by the defendants, in para No.26 of its judgment observed that “plaintiff has claimed interest at the rate of 18% per annum which cannot be considered to be excessive.” In later part of the judgment the learned appellate Court below simply dismissed the 2 appeal, meaning thereby that the rate of interest awarded by the learned trial Court was upheld. That apart, it was merely a stray observation made by the learned appellate Court because it was the appeal of the defendants and the plaintiff did not prefer to file any appeal or cross-objections against the judgment and decree of the learned trial Court and in this view of the matter the question of increase in the rate of interest does not arise at all. Therefore, the rate of interest, which has been awarded by the learned trial Court, would prevail and that does not seem to be on excessive side. In view of the above, the instant regular second appeal stands dismissed. (ARVIND KUMAR) JUDGE October 18,2011 Jiten