Interest is payable only on the principal sum and not on the interest part of the award, unless specifically provided by statute or contract.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Sri Nipun Singh, learned Counsel for the petitioners and Sri Bal Mukund, respondent no.3 (practicing Advocate of this Court) in person.

2. Brief facts of the case are that respondent no.3 applied for registration in MIG 45/75 type house under Dev Prayagam Scheme of U.P. Awas Evam Vikas Parishad, Allahabad and deposited Rs.20,000/-as registration amount. In the lottery draw held on 23.02.2005, respondent no.3 was allotted house No.A-110 by the Awas Evam Vikas Parishad. An allotment letter dated 30.07.2005 was issued to respondent no.3 imposing condition that respondent no.3 shall deposit Rs.1,92,956/- upto 31.08.2005 and remaining amount of Rs.2,63,300/-along with interest at the rate of 13% was to be deposited in 120 monthly installments. Respondent no.3 applied for no objection certificate for taking loan from the Bank on the said house allotted to him accordingly, on 30.08.2005, no objection certificate was issued in favour of respondent no.3. After taking the loan from the bank, Respondent no.3 deposited an amount of Rs.4,52,325/- with the petitioners. Respondent no.3 had submitted an application before the petitioner no.2 for execution of sale deed as well as for delivery of possession of the house in question. In pursuance of the application filed by respondent no.3, a letter dated 25.5.2006 who issued by petitioner no.2 stating that final costing of the house has not been made by the costing section as such execution of sale deed and delivery of possession of the house is not possible. Respondent no.3 again filed an application dated 13.02.2008 for refund of his deposited amount and cancellation of allotment of the house. The total deposited amount of Rs.4,72,990/- has been refunded to respondent no.3 on 04.03.2008. Respondent no.3 filed a complaint on 14.05.2008 before the respondent no.2 with the prayer that petitioners be directed to pay compound interest at the rate of 18% per annum on the amount of Rs.4,72,990/- from the date of payment, i.e., 13.09.2005 to the date of actual refund, i.e., 02.05.2008. The aforementioned complaint was registered as complaint No.258 of 2008 before respondent no.2. Petitioners filed his written statement to the complaint filed by respondent no.3. Respondent no.2 vide order dated 22.5.2010 allowed the complaint and directed the petitioners to pay 15% interest after calculation on the amount of Rs.4,72,990/- from the date of deposit till the date of final payment to the respondent no.3. Petitioners challenged the order dated 22.5.2010 by way of appeal before respondent no.1 which was registered as Appeal No.1292 of 2010. In the aforementioned appeal and interim order dated 02.08.2010 was passed staying the effect and operation of the order dated 22.5.2010 with the condition that petitioners shall deposit Rs.1,00,000/-. In compliance of the interim order dated 02.08.2010, petitioners have deposited the amount of Rs.1,00,000/- on 16.08.2010. Respondent no.3 filed his reply in the aforementioned appeal filed by petitioners. Respondent no.1 vide order dated 01.02.2017 dismissed the appeal filed by the petitioners. Respondent no.3 filed an execution case before the respondent no.2 for execution of the order dated 22.05.2010 which was registered as execution Case No.50 of 2010.

During pendency of aforementioned execution case, respondent no.3 filed a calculation chart claiming additional 15% interest on the deposited amount till 06.07.2019 which comes to Rs.3,02,821/-. Petitioners filed his reply in the aforementioned execution case denying the claim of respondent no.3 which has been set up in calculation chart filed before respondent no.2. Respondent no.2 issued recovery certificate against the petitioner for Rs.3,02,821/- under impugned order dated 01.01.2010. Against the impugned order dated 01.01.2010, petitioners filed a revision before respondent no.1 which was registered as Revision No.4 of 2020. Respondent no.1 vide order dated 30.01.2010 stayed th