IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5462 of 2008 DATE OF DECISION: SEPTEMBER 12, 2008 The Ajanta Co-operative House Building (First)Society Ltd.,Chandigarh .....PETITIONER Versus Manjeet Kaur and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH --- Present: Mr. K.S.Hothi, Advocate, for the petitioner. None for respondent No.1. Ms.Lisa Gill, Advocate, for respondents No.2 to 4. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner-society has filed this petition under Articles 226 and 227 of the Constitution of India for setting aside the award dated 11.9.2007 passed by the Additional Registrar, Co-operative Societies, U.T.,Chandigarh (exercising the powers of the Registrar), whereby on a reference made at the instance of respondent No.1-Manjeet Kaur, she has been awarded an amount of Rs.30,500/- along with interest @ 18% p.a. from the date of deposit till realization of full amount. The said order was upheld in appeal vide order dated 15.2.2008 passed by the Secretary, Co- operative Societies, U.T.,Chandigarh and in revision vide order dated C.W.P. No.5462 of 2008 -2- 12.3.2008 passed by the Advisor to the Administrator, U.T.,Chandigarh. In this case, notice of motion was issued on April 02, 2008 subject to the petitioner's-society depositing the decretal amount with interest at the rate of 6% p.a., before the executing Court, within a period of one week from that date. Interest beyond the rate of 6% p.a. was also ordered to be stayed. Counsel for the petitioner confines his prayer only on the quantum of interest. He has placed on record the copy of Voucher showing that an amount of Rs.58,887/- has been paid to Manjeet Kaur on 8.4.2008, which has been duly received by her. In spite of service, respondent-Manjeet Kaur has not appeared. Therefore, she is proceeded against exparte. It appears that she is satisfied with the amount received by her. In that circumstances, counsel for the petitioner states that the impugned award be modified and the interest @ 18% p.a. awarded to Manjeet Kaur (respondent) should be reduced to 6% p.a. In view of these facts, since the decretal amount along with interest @ 6% p.a. has already been paid to Manjeet Kaur (respondent), therefore, the impugned award is modified and the interest awarded @ 18% p.a. is hereby reduced to 6% p.a. Since the entire decretal amount along with interest @ 6% p.a. has been paid, therefore, the impugned award is deemed to be satisfied. Disposed of in the aforesaid terms. (SATISH KUMAR MITTAL) JUDGE September 12, 2008 ( JASWANT SINGH ) vkg JUDGE