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2023 Supreme(P&H) 1567

ARUN MONGA
Haryana Urban Development Authority(Now Haryana Shahri Vikas Pradhikaran – HSVP) – Appellant
Versus
Raj Nakra – Respondent


Advocates appeared:
For the Parties :Mr. Pritam Singh Saini, Mr. Sumeet Goel Senior, Advocate, Mr. Achin Gupta, Mr. Samir Rathaur, Mr. Rana Gurtej Singh

Table of Content
1. factual background of case proceedings. (Para 2 , 3)
2. the main controversy revolves around interests on delayed payments. (Para 4 , 5)
3. interpretation of terms related to interest payment in allotment letter. (Para 6 , 7 , 8)
4. court's reasoning on legality of interest claims. (Para 9 , 10 , 11)
5. court's final order regarding payments and possession. (Para 12 , 13 , 14 , 15)

Judgment

Mr. Arun Monga, J. (Oral):- Vide this common order and judgment, above-mentioned two revision petitions are being disposed of, since the issues and facts raised therein are common. For brevity, recitals are taken from CR-959-2023.

2. Revision petition arises out of pending execution proceedings before the learned Additional Civil Judge (Senior Division), Panchkula. Impugned herein is an order dated 15.10.2022 (Annexure P-6), whereby, respondent-decree-holders have been directed to pay Rs.1,28,278/- and petitioner-judgment debtor has been directed to hand over possession of SCO-116, Sector 5, Panchkula, within 7 days.

3. Succinct factual background first, as pleaded in the petition.

3.1. Respondents purchased a commercial plot No.116, Sector 5, Panchkula in an open auction and allot

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