[1]

[A.F.R.]

Court No. - 2

Case :- FIRST APPEAL No. - 374 of 2019

Appellant :- M/S Himalaya Sahkari Awas Samiti Ltd.

Respondent :- U.P. Awas Vikas Parishad And Another

Counsel for Appellant :- Vishnu Singh,Anil Kumar Rai,Greesh

Kumar Malviya

Counsel for Respondent :- Chandra Shekhar Singh

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajai Tyagi,J.

(Delivered by Dr. 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