M/S LIUGONG INDIA PVT LTD v. M/S VARAHA INFRA LTD AND ORS
O.M.P.(I) (COMM.)/432/2025 · 2026-07-15
Avneesh Jhingan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5371 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5371 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 432/2025
M/S LIUGONG INDIA PVT LTD
.....Petitioner
Through: Mr. Ankit Khatri, Adv. (through VC)
versus
M/S VARAHA INFRA LTD AND ORS
.....Respondents Through: Ms. Aishwarya Sahu, Adv. (through VC)
CORAM:
HON'BLE MR. JUSTICE AVNEESH JHINGAN
O R D E R %
15.07.2026
1.
Learned counsel for the parties contend that they are unable to appear physically and seek permission to appear through video conferencing.
2.
Learned counsel for the petitioner contends that the matter has been settled in mediation. 3. The mediation report dated 27.01.2026 and the settlement agreement dated 08.05.2026 are taken on record. The terms and conditions of the settlement are made part of this order, as under:
“1. The Second Party has agreed to pay a total sum of Rs.2,66,88,978 (Rupees Two Crore Sixty Six Lakhs Eighty Eight Thousand Nine Hundred and Seventy Eight Only)to the First Party and the First Party has agreed to receive the said sum of Rs. 2,66,88,978 (Rupees Two Crore Sixty Six Lakhs Eighty Eight Thousand Nine Hundred and Seventy Eight Only) from the Second Party in full and final settlement of all their claims, including but not limiting to the interest on the 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 17/07/2026 at 11:28:05
principal balance amount and taking over the possession, custody and management of the machinery and equipments supplied by the First Party to the Second Party. 2. That out of the said agreed settled amount of Rs.2,66,88,978 (Rupees Two Crore Sixty Six Lakhs Eighty Eight Thousand Nine Hundred and Seventy Eight Only), the Second Party has already paid a sum of Rs. 2,30,99,638/- (Rupees Two Crore Thirty Lakhs Ninety Nine Thousand Six Hundred and Thirty Eight Only), including interest, during the proceedings, in the following manner to the First Party and the First Party acknowledges the receipt thereof: a. Rs. 6,87,568/- paid on 21.11.2025 b. Rs. 25,00,000/-paid on 15.12.2025 c. Rs. 5,00,000/- paid on 17.12.2025 d. Rs. 25,00,000/- paid on 30.01.2026 e. Rs. 25,00,000/- paid on 13.02.2026 f. Rs. 25,00,000/- paid on 17.03.2026 g. Rs. 50,00,000/- paid on 02.04.2026 h. Rs. 10,500/-paid on 24.03.2026 i. Rs. 50,00,000/- paid on 04.05.2026 j. Rs. 19,01,570/-paid on 04.05.2026
3. That since the entire due amount, including interest, as of date has been fully paid by the Second Party to the First Party, the First party agrees that no dispute remains with the Second Party regarding the agreement and the amount that it had claimed as due, so far thereunder. 4.
The Second Party agrees that for the amounts due in future if the Second Party fails to pay the future instalments on the dates when they fall due, then the Second Party shall pay for the defaulting amount/s with interest @ 9% from the date it became due. 5. The Parties confirm that no other case has been filed by them against the other and in an event, it is found that any 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 17/07/2026 at 11:28:05
judicial, quasi-judicial or administrative proceeding has been initiated which is not stated herein, then the Party on whose behest the proceedings have been initiated shall withdraw the same at the earliest opportunity before the relevant judicial, quasi-judicial or administrative authority. 6. The Parties agree and undertake to request the Hon'ble Court to 'dispose of OMP (I). (COMM.) NO. 432/2025 in terms of the present Conciliated Agreement. 7. The Parties acknowledge that breach/default of any condition set forth herein would entitle the Parties to seek recourse as per the laws applicable. 8. The First Party acknowledges and agrees that they shall resume the service of the machine already supplied to the Second Party, including FOC Kits if any, as per the terms of initial purchase order issued by the First Party to the Second Party. 9. The contents of this Conciliated Agreement have been read by the Parties and the terms have been explained by the Conciliator; their legal implications have been understood by the Parties from their respective counsel. 10. The Parties agree that the Conciliated Agreement is an accurate record of the terms agreed by the Parties during the process of conciliation. 11.
The Parties are entering into this Conciliated Agreement without any force, undue influence, or coercion from any quarter. 12. The Parties agree and undertake to abide by the terms and conditions set out in this Conciliated Agreement. 13. The Parties hereto state and agree that they have no further claims or demands against each other whatsoever, and that all the disputes and differences between the parties have been amicably settled by them through the process of Conciliation. 14. It is agreed between the parties that the present Conciliated Agreement be treated as Settlement Agreement under Section 73 of the Arbitration and Conciliation Act, 1996 as amended to 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 17/07/2026 at 11:28:05
date, and the same shall have the status and effect of an arbitral award under Section 74 of the Arbitration and Conciliation Act, 1996.”
4.
Learned counsel for the petitioner contends that the major amount has been received and approximately Rs.9 lakhs in balance is left to be paid by the respondents.
5.
Learned counsel for the respondents on instructions submits that terms of the settlement shall be duly complied with.
6. The petition is disposed of in terms of the settlement arrived at between the parties as prayed for by the learned counsel for the petitioner.
7. It is clarified that in case of non-adherence to the terms of the settlement, the parties shall be at liberty to move for the revival of the petition.
AVNEESH JHINGAN, J JULY 15, 2026 ‘ha’
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 17/07/2026 at 11:28:05