JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Vishnu Singh, learned counsel for appellant and Sri Chandra Shekhar Singh, learned counsel for respondent.

2. This appeal under Section 96 of Code of Civil Procedure, 1908 has arisen from judgment and decree dated 16.2.2019 passed by Additional Civil Judge (Senior Division), Court No.6, Ghaziabad dismissing the suit being original Suit No.679 of 2014 of the plaintiff. The parties are referred as plaintiff/appellant- respondent/ defendant.

3. The brief facts as they are culled out from the record and for deciding the sole issue raised for on consideration namely whether demanding interest at the rate of 18% and panel interest at the rate of 21% is bad and the dismissal of suit challenging this demand is bad in view of decision of this High Court in Writ Petition No.15950 of 2002 decided on 10.8.20211 and SLP decided by the Apex Court in Civil Appeal No.9088 of 2015 (UP Avas Evam Vikas Parishad Vs. Swasthya Enclave Sahkari Awas Samiti Ltd. and other) decided on 16.12.2016 are that the appellant is the cooperative society registered under U.P. Co-operative Society Act, 1965 ( hereinafter refereed to as "Act, 1965"). The suit was institut