RFA(COMM) 629/2025 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 629/2025 & CM APPL. 70466/2025, CM APPL. 46604/2026 WINNER CONSTRUCTIONS PVT LTD .....APPELLANT Through: Mr. Aditya Awasthi, Adv. versus M/S SHRI RAM SALES .....RESPONDENT Through: Mr. Manish Kumar, Mr. Sunil Soni and Mr. Yashasvi Verma, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 23.07.2026 1. This hearing has been done through hybrid mode. 2. The present appeal arises out of the judgment and decree dated 26th August, 2025 passed by the ld. District Judge (Commercial Court)-02, North- West District, Rohini Courts, New Delhi in CS(Comm.) No. 333/2021, by which the suit of the Respondent/Plaintiff was decreed as under: “27. In view of the above, suit of the plaintiff is decreed as under: (i) A decree in the sum of Rs.8,93,172/- (Rupees Eight Lakhs Ninety Three Thousand One Hundred Seventy Two Only) alongwith interest @12% per annum w.e.f 02.12.2018 till realization thereof is passed in favour of plaintiff and against the defendant; (ii) Plaintiff is also held entitled to counsel's fee which is quantified as Rs.22,000/- as also costs.” 3. Notice was issued in this appeal on 12th November, 2025, on which date stay of the impugned judgement was granted subject to Plaintiff depositing 75% of the decretal amount. Thereafter, on 25th February, 2026 upon joint request, the matter was sent to mediation as part of the ‘Mediation 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 27/07/2026 at 15:30:51 RFA(COMM) 629/2025 For the Nation 2.0’ drive. 4. Pursuant to the same, the parties have entered into a Settlement Agreement dated 1st June, 2026 under the aegis of the Delhi High Court Mediation and Conciliation Centre, as per which, the first party i.e., the Appellant has agreed to pay a total sum of Rs.15,70,114/- as a full and final settlement of the disputes. The same has also been agreed to be paid in the following terms: “a. The Parties agrees and undertakes that they shall pray before Hon'ble Court for the release of the deposited amount of Rs.12,45,114/-(Twelve Lakhs Forty-Five Thousand One hundred fourteen Rupees only) along with interest accrued within 15 working days from signing of the present Settlement Agreement. b. The balance amount of Rs. 3,25,000/-(Three Lakhs Twenty-Five Thousand Rupees only) shall be paid by the First Party to the Second Party through RTGS in Account Bearing No.425405000535 ICICI Bank, Branch Sector-3, Rohini, Delhi,IFSC code No. ICIC0004254 in the account holder name namely, Shri Ram Sales or Demand Draft. Said amount shall be paid at the time of signing of the settlement.” 5. The Settlement Agreement is also signed by both the parties, their lawyers and the ld. Mediator. 6. The Court has perused the said Settlement Agreement. The terms of the same are lawful and legal. There is no impediment in recording the same. 7. In terms of the said Settlement Agreement, the sum of Rs.12,45,114/- which is lying deposited along with the interest amount is to be released to the Respondent within a period of 15 working days from signing of the said agreement. The said amount stands deposited with the Court in terms of order dated 12th November, 2025. The balance amount of Rs.3,25,000/- was to be 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 27/07/2026 at 15:30:51 RFA(COMM) 629/2025 paid by RTGS. As per ld. Counsel, the said amount has already been paid and ld. Counsel for the Respondent duly acknowledges the receipt. 8. Under these circumstances, the impugned judgment/decree is modified and the suit is now decreed in terms of the Settlement Agreement dated 1st June, 2026. 9. Accordingly, the amount of Rs.12,45,114/- be released by the Registry to the Respondent along with the interest accrued thereon (minus TDS on the interest component). The same may be credited by RTGS within two weeks, to the following bank account: ● Account No.: 425405000535 ● Account Holder Name: Shri Ram Sales ● Bank Name: ICICI Bank, Branch Sector-3, Rohini, Delhi ● IFSC Code: ICIC0004254 10. The application CM APPL. 46604/2026 is disposed of in the above terms, and the appeal is also disposed of in terms of the Settlement Agreement dated 1st June, 2026. 11. Parties shall be bound by the terms and conditions of the said Settlement Agreement. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 23, 2026 Rahul/msh 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 27/07/2026 at 15:30:51