Pawan Kumar Dhawan v. Manjeet Singh (Deceased Thr His Lrs)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 864/2016 PAWAN KUMAR DHAWAN ..... Appellant Through:

Mr. J.M. Kalia, Advocate with Ms.

Bhawana Garg, Advocate.

versus MANJEET SINGH (DECEASED THR HIS LRS) ..... Respondents Through:

Mr. Pradeep Bhardwaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 09.08.2018 1.

Counsel for the appellant presses the appeal only for seeking interest post the decree passed on 25.5.2016. Reliance is placed upon Section 34 of Code of Civil Procedure, 1908(CPC) for this purpose. 2.

Admittedly by the impugned judgment Order 37 CPC suit filed by the appellant/plaintiff was decreed and interest was only granted for the pendente lite period and not for the pre-suit period or post decree period. 3.

In view of Section 34 CPC and since counsel for the appellant restricts the relief claimed in this appeal for grant of post decretal interest, accordingly by applying the provision of Section 34 CPC, appellant/plaintiff RFA No.864/2016

will be entitled to interest @ 6% per annum simple from the date of decree being 25.5.2016 till the date of payment of the decretal amount. 4.

Appeal is accordingly disposed of. Decree sheet be prepared. VALMIKI J. MEHTA, J AUGUST 09, 2018 Ne RFA No.864/2016