W.P.(C) 3647/2021 Page 1 of 6 $~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010134502021 + W.P.(C) 3647/2021, CM APPL. 11044/2021, CM APPL. 21864/2021 & CM APPL. 29103/2022 SIMMI MALHOTRA & ORS. .....Petitioners Through: Ms. Kritika Matta, Ms. Bhumika Kundra, Mr. Anuj Aggarwal, Ms. Tanya Rose, Mr. Pradeep Mumar, Ms. Anjali Bansal, Mr. Lovekesh, Mr. Manas Verma, Mr. Sharib Malik, Mr. Nikhil Pawar, Mr. Shubham Bahl, Advocates. versus MBM INTERNATIONAL SCHOOL & ANR. .....Respondents Through: Mr. Rajesh Mohan Sinha, Senior Advocate with Mr. Prateek Mohan Sinha, Ms. Namita Sinha, Ms. Nandini Harsh, Mr. Krishnendu Das, Advocates for R-1. Mr. Ranjit Khatri, Mr. Sundeep Kumar, Ms. Nupur Khatri & Ms. Divya, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 09.09.2026 1. On 27th July, 2026, Mr. Rajesh Mohan Sinha, Senior Counsel appearing for Respondent No. 1, on instructions from Mr. Shashi Kant Bharti, a Member of the Governing Body of the School who was also present in Court, had relied upon the proposal dated 17th February, 2026 filed before the Delhi School Tribunal [“DST”], wherein Respondent No. 1 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12 W.P.(C) 3647/2021 Page 2 of 6 had acknowledged its liability towards the Petitioners and proposed to liquidate the outstanding settlement amounts by way of twelve monthly instalments commencing from 01st June, 2026 and ending on 01st May, 2027. Mr. Sinha accordingly submitted that Respondent No. 1 was willing to abide by the said proposal. The Court, accordingly, passed the following order: “1. The Petitioners are among three teachers whose settlement amounts remain unpaid pursuant to the settlement agreements executed before the Delhi High Court Mediation and Conciliation Centre. Similar settlements were entered into with ten teachers in all, out of whom seven have already received the agreed amounts and withdrawn their proceedings before the Delhi School Tribunal. 2. Mr. Rajesh Mohan Sinha, Senior Counsel appearing for Respondent No. 1 - MBM International School, on instructions from Mr. Shashi Kant Bharti, a Member of the Governing Body of the School, who is also present in Court, submits that owing to financial constraints, the Respondent No. 1 has been unable to discharge the settlement amounts payable to the present Petitioners. In this regard, he places reliance upon a proposal dated 17th February, 2026 filed before the Delhi School Tribunal, wherein the School has acknowledged its liability towards the Petitioners and proposed to liquidate the outstanding settlement amounts in twelve monthly instalments commencing from 01st June, 2026 and ending on 01st May, 2027. He submits that the Respondent No. 1 is willing to abide by the said proposal. 3. Ms. Kritika Matta, Counsel appearing for the Petitioners opposes the aforesaid request and submits that the settlement amounts became payable in February, 2024 itself and despite the settlement having attained finality, the School have failed to honour their obligations. It is submitted that the continued default has caused serious financial hardship to the Petitioners, who have been awaiting payment for more than two years. 4. Having considered the rival submissions, the Court notes that the settlement arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre is undisputed. The proposal placed by Respondent No. 1 before the Delhi School Tribunal also unequivocally acknowledges its This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12 W.P.(C) 3647/2021 Page 3 of 6 liability to pay the settlement amounts, the only request being for payment in instalments. At the same time, the Petitioners’ grievance that the admitted amounts have remained unpaid since February, 2024, causing them considerable financial hardship, cannot be ignored. In these circumstances, while granting Respondent No. 1 an opportunity to implement the settlement in terms of their own proposal, the following directions are issued: i. In terms of the proposal placed before the Delhi School Tribunal, two instalments in respect of each of the Petitioners have already fallen due, the third instalment would be payable on 01st August, 2026. ii. Mr. Shashi Kant Bharti, shall remain present on the next date of hearing with demand drafts in favour of each of the Petitioners towards the instalments payable for the months of June, July and August, 2026 He shall also bring post-dated cheques in respect of the balance instalments proposed under the aforesaid payment schedule. ii. The question of payment of interest on the delayed release of the settlement amounts shall be considered on the next date of hearing. 5. At this juncture, Mr. Bharti has been apprised that the proposal placed before the Delhi School Tribunal which is also submitted before this Court, constitutes an undertaking on behalf of the School Management. He is informed that the said undertaking binds not only him but also the Management of Respondent No. 1, and any breach thereof may invite appropriate proceedings in accordance with law, including proceedings for contempt. The consequences of any such breach have been explained to him by Mr. Sinha as well as by this Court.” 2. In furtherance of the aforesaid order, on 11th August, 2026, the instalments payable for the months of June, July and August, 2026 were paid to the Petitioners by way of demand drafts. Mr. Sinha, at that stage, submitted that there were other members of the Governing Body of the All India Siddharth International Educational Society, which manages Respondent No. 1-School, and that they ought also to be made responsible for compliance with the payment obligations. At his request, notices were This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12 W.P.(C) 3647/2021 Page 4 of 6 accordingly issued to the other members of the Governing Body as per the list handed over in Court, which was taken on record. 3. Pursuant to the aforesaid notice, on 31st August, 2026, Mr. Ravi Kant Bharti appeared before the Court. He submitted that there had been a change in the constitution of the Governing Body of the All India Siddharth International Educational Society. It was, however, noted that the Settlement Agreement in question had been signed by Mr. Shashi Kant Bharti on behalf of Respondent No. 1-School. Mr. Ravi Kant Bharti also stated that Mr. Shashi Kant Bharti was his younger brother. The issue concerning the remaining instalments and the interest payable on the delayed payment was thereafter deferred for consideration on the present date. 4. Today, Mr. Sinha has handed over affidavits of Mr. Ashok Kumar, President of the Society, and Mr. Vipin Sharma, Vice-President of the Society. In their respective affidavits, both have stated that they have given two post-dated cheques of INR 5 lakhs each to the Society, so that the same may be utilised for making payment to the teachers. They have further stated that the Society has, in turn, issued two post-dated cheques of INR 5 lakhs each to them, with the understanding that, upon the Society receiving funds, the amounts would be refunded to them. 5. On the basis of the aforesaid affidavits, Mr. Sinha submits that the members of the Governing Body are making efforts to arrange the funds required for discharging the liability towards the Petitioners. He also places reliance upon the order dated 07th September, 2026 passed in W.P.(C) 840/2025, titled All India Siddharth International Educational Society (Regd.) & Anr. v. GNCTD, whereby the Directorate of Education has been directed to treat the said petition as a representation and pass a speaking This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12 W.P.(C) 3647/2021 Page 5 of 6 order regarding the release of amounts claimed by the School towards EWS/DG students for the academic years 2021-22, 2022-23 and 2023-24. 6. Ms. Kritika Matta, on the other hand, submits that the issue of inter se liability amongst the members of the Society, and as to who would ultimately bear the burden of making payment, cannot operate to deprive the Petitioners of the amounts admittedly due to them. 7. The Court has considered the aforesaid submissions. The proposal submitted by Respondent No. 1-School before the DST formed the basis for the directions issued by this Court on 27th July, 2026. The liability towards the Petitioners, as also the amounts payable to them in terms of the said proposal, is not in dispute. 8. Respondent No. 1-School shall accordingly be bound by their undertaking to the Court and make payment of the outstanding amounts to the Petitioners strictly in terms of the aforesaid payment schedule. The said obligation arises from the undertaking given by the School before this Court. Any default in complying with the aforesaid directions shall have the consequences in accordance with law, and the Petitioners shall be at liberty to initiate appropriate proceedings, including proceedings for contempt, for breach of the undertakings. 10. The question of inter se liability amongst the members of the Society is not being adjudicated upon by this Court. The affidavits furnished by Mr. Ashok Kumar and Mr. Vipin Sharma are taken on record. Any dispute between the Society and its members concerning the amounts contributed by them or the liability inter se shall be a matter between the concerned parties and shall not constitute a ground for Respondent No. 1-School to withhold or delay payment to the Petitioners. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12 W.P.(C) 3647/2021 Page 6 of 6 11. Mr. Ravi Kant Bharti, who was the Manager of Respondent No. 1- School and had signed the authority letter authorising Mr. Shashi Kant Bharti to appear and execute the mediation settlement agreements on behalf of the School Managing Committee/Society, shall also be responsible for ensuring compliance with the undertaking given by the School. 12. It is clarified that, in the event of any default in complying with the payment obligations, the Petitioners shall be at liberty to initiate appropriate proceedings, not only against Mr. Shashi Kant Bharti, who executed the Settlement Agreement on behalf of Respondent No. 1, but also against the President and Vice-President of the Society, namely, Mr. Ashok Kumar and Mr. Vipin Sharma, in accordance with law. 13. Considering that substantial time has elapsed and the amounts became due under the Settlement Agreements in February 2024 but have remained unpaid, Respondent No. 1-School shall also be liable to pay interest at the rate of 6% per annum on the delayed payment. The interest shall be calculated from the respective dates on which the amounts fell due until the date of actual payment. 14. With the aforesaid directions, the writ petition and pending applications, if any, stand disposed of. SANJEEV NARULA, J SEPTEMBER 9, 2026/Ni This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:22:12