RSA No. 4242 of 2009(O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh … RSA No. 4242 of 2009(O&M) Date of decision: November 11,2010 Pawan Kumar ..Appellant. Versus Narinder Kumar ..Respondent Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. Surinder Garg,Advocate for the appellant. ... Rakesh Kumar Garg,J.(Oral) This is defendant's second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for recovery has been partly decreed along with interest at the rate of 12 % P.A. with effect from 20.2.1996 till the date of passing of the decree and at the rate of 6 % per annum from the date of passing of decree till its realization. In this appeal, the appellant has raised grievance against the findings of the courts below only to the extent of grant of interest at the rate of 12% P.A. on the decretal amount up to the date of passing of the decree. Learned counsel for the appellant has vehemently argued that the interest at the rate of 12 % per annum as aforesaid could not have been granted to the plaintiff- respondent as there is no evidence on record to prove the aforesaid claim of the appellant. The argument raised on behalf of the counsel for the appellant is without any merit. Undisputedly, the plaintiff-respondent in his suit has claimed that he was entitled to the interest on the amount sought to be recovered from the appellant at the rate of 18 % per annum as per rate prevalent in the market . The RSA No. 4242 of 2009(O&M) 2 aforesaid pleadings of the plaintiff-respondent have not been specifically denied by the appellant. Even otherwise, it has been proved on record vide Ex.PW5/A that as per the prevalent practice in the market, appellant was entitled to interest at the rate of 18 % per annum. Thus it cannot be said that the findings of the courts below are perverse in any manner. No substantial question of law arises. Dismissed. November 11, 2010 (RAKESH KUMAR GARG) nk JUDGE