The appellant challenged a judgment denying a higher interest rate claim. The court held that the matter involves a question of fact, recovery should be via civil suit, and the writ petition seeking higher interest unjustified.
The appeal seeking higher interest rate and interference in the impugned judgment was dismissed.
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Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 32 of 2021
Appellant :- Shubhawati Devi Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Surendra Prasad Yadav Counsel for Respondent :- C.S.C.,Abhishek Misra
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application
The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Order on Memo of Appeal
By this appeal, a challenge is made to the judgment dated 10.12.2020, whereby the claim of the petitioner for interest at the rate of 18% was not accepted finding it to be involving a question of fact. It can be determined on leading evidence.
What we find that pursuant to the direction of this Court in the writ petition the principal amount of Rs.7,16,740/- was paid along with interest of Rs.39,060/-. The petition is to seek higher rate of interest without giving the basis and otherwise the recovery of the amount should appropriately be sought by filing a civil suit for recovery and not by maintaining a writ petition under Article 226 of Constitution of Inida.
In view of the above, we find no reason to cause interference in the judgment dated 10.12.2020.
The appeal fails and is accordingly, dismissed.
Order Date :- 22.1.2021 Ashish Pd.
1 issue framed by the court
Whether the claim for higher rate of interest beyond the determined fact-based award can be maintained in a writ petition.
1 provisions across 1 enactments
Shubhawati Devi
State Of U.P.
2 Others
Munishwar Nath Bhandari
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
