C.W.P NO. 16891 OF 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 16891 OF 2001(O&M) DECIDED ON : 05.05.2009 M/S Kuldeep Sandeep ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Arvind Singh, Advocate, for the petitioner. Mr. Suveer Sehgal, Advocate, for respondents No.2 and 3. SURYA KANT, J. (ORAL) In deference to the order dated 03.03.2009, learned counsel for the respondents has filed an affidavit of Sh.D.S.Dhull, Executive Officer-cum-Secretary, Market Committee, Samalkha, which is taken on record. As per the averments made therein, the petitioner is liable to pay a sum of Rs.37,88,477/- which includes the interest @ 15% per annum plus 4% penal interest. Learned counsel for the petitioner, however, submits that there are more than one instances where the respondents have waived off the penal interest and have also reduced the rate of interest from 15% to 12% per annum. If there are such C.W.P NO. 16891 OF 2001 -2- instances, the petitioner may approach the Executive Officer of the Market Committee along with the same and on receipt thereof, the Executive Officer is directed to consider the petitioner's prayer for waiving off the penal interest as well as reduction in the rate of interest from 15% to 12 % per annum. If the petitioner's claim is accepted, the respondents shall inform it the outstanding dues at the reduced rate of interest which shall then be deposited by the petitioner within a period of two months from the date of receipt of the information. However, in case the respondent-Market Committee does not agree with the petitioner's claim for waiving off the penal interest/reduction of interest, the petitioner may deposit the above mentioned amount of Rs.37,88,477/-, if so advised, without prejudice to its legal rights to challenge the same before an appropriate Forum. The writ petition is disposed of accordingly. MAY 05, 2009 (SURYA KANT) shalini JUDGE