IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No.1334 of 2010 (O&M) Date of Decision: 10.02.2011 G.T.B. Trading Company through LRs of S. Harbhajan Singh ........Appellants Versus Mohan Singh .......Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S.BEDI Present: Mr. Anupam Bhardwaj, Advocate for the appellants. ****** M.M.S.BEDI, J.(Oral) The suit of the plaintiff-appellants with interest as demanded was decreed by the trial Court. The lower Appellate Court has decreed the suit of the plaintiff-respondent for a principal amount on the basis of the Bahi entries but at the same time reduced the interest and ordered that the plaintiff-appellants will be entitled to interest at the rate of 6% per annum from the date of institution of suit till realization of the entire decretal amount. Counsel for the plaintiff-appellants vehemently contended that the appellants are the Commission Agents and they had been giving loan to the farmers and that the defendant-respondent had acknowledged his liability on the amounts of interest mentioned in the entries. As such liability to pay interest mentioned in the Bahi entries is first deed charge upon the defendant-respondent. R.S.A. No.1334 of 2010 (O&M) -2- I have heard counsel for the appellant and gone through the judgment and decree passed by the Courts below. The lower Appellate Court has observed that the amount of interest has been mentioned in the ledger. I have carefully considered the entries regularly kept in the ordinary course of business under Section 34 of the Evidence Act. These are no doubt admissible in evidence but these are not sufficient enough to charge any person with liability of exorbitant interest especially when there is no specific agreement established on the record. No ground is made out to interfere by this Court. Dismissed. 10.02.2011 (M.M.S.Bedi) Gagan Judge