ORDER

1. DELAY CONDONED.

2. LEAVE GRANTED.

3. HEARD LEARNED COUNSEL FOR THE PARTIES.

4. IN THIS CASE IT IS ADMITTED THAT, NOW, POSSESSION HAS BEEN GIVEN TO THE RESPONDENT. IT APPEARS THAT THE RESPONDENT HAS, BY TAKING OUT EXECUTION PROCEEDINGS, IN THE DISTRICT FORUM ALSO RECOVERED INTEREST @ 18% P.A. SUCH RECOVERY IS PURSUANT TO AN ORDER DATED 22-11-2002 WHEREIN IT IS MENTIONED THAT AN ATTACHMENT HAD TAKEN PLACE ON 18-11-2002. THIS ATTACHMENT AND RECOVERY IS WITHOUT ANY NOTICE TO THE APPELLANT (HEREIN).

5. WE ALSO FIND THAT THE STATE FORUM HAD, PRIOR TO THIS, ALREADY REDUCED RATE OF INTEREST TO 15% P.A. BY ITS ORDER DATED 8-3-1999.

6. WE HAVE IN THE CASE OF GHAZIABAD DEVELOPMENT AUTHORITY V. BALBIR SINGH1 ALREADY HELD THAT WHERE POSSESSION IS ALREADY DELIVERED THE INTEREST PAYABLE WOULD ONLY BE @ 12% P.A. WE, THEREFORE, DISPOSE OF THIS APPEAL WITH A DIRECTION THAT THE RESPONDENT WOULD BE ENTITLED TO INTEREST @ 12% P.A. FROM THE DATE AMOUNTS WERE DEPOSITED TILL PAYMENT. IF THE RESPONDENT HAS RECOVERED MORE THAN 12%, HE SHALL, WITHIN SIX WEEKS FROM TODAY, RETURN TO THE APPELLANT (HEREIN) THE BALANCE AMOUNT. IF THE AMOUNT IS NOT RETURNED WITHIN SIX WEEKS FROM TODAY, THEN INTEREST SHALL RUN ON THAT AMOUNT @ 12% P.A. SAVE AS ABOVE NO FURTHER ORDER. THE APPEAL STANDS DISPOSED OF WITH NO ORDER AS TO A COSTS.