$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010400192026 + FAO (COMM) 253/2026, CM APPL. 57551/2026 & CM APPL. 59730/2026 SUSTAINIUM INC. .....Appellant Through: Mr. Ramchandra Madan, Mr. Himanshu Yadav & Mr. Tushar Nigam, Advs. versus FINBIRD TECHNOLOGIES PRIVATE LIMITED & ANR. .....Respondents Through: Ms. Juhi Chawla & Mr. Ashish Singh, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE NISHA SAHAY SAXENA O R D E R % 23.09.2026 1. The present appeal is filed under Section 13(1A) of the Commercial Courts Act, 2015, read with Section 104 and Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, assailing the Order dated 17.07.2026 passed by the learned District Judge (Commercial Court)-03, South District, Saket Courts, New Delhi, in CS (COMM.) 31/2026, whereby the appellant-Sustainium Inc. was held guilty of wilful breach of the interim Order dated 16.01.2026 and its Chief Executive Officer (“CEO”) was directed to remain personally present on the next date of hearing for his detention. 2. We have heard learned counsel for the parties and perused the material placed on record. 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 28/09/2026 at 11:16:45 3. Learned counsel for the parties jointly submit that there was a breach of the interim Order dated 16.01.2026 on the part of the appellant and that, the ends of justice would be met if the requirement of personal attendance of the CEO is dispensed with, subject to payment of reasonable costs and an assurance of future compliance. 4. Based on this common understanding, learned counsel for the parties state that they have arrived at an amicable resolution and jointly state as under: i. A cost of Rs. 25,000/- (Rupees Twenty-Five Thousand only) is agreed to be paid by the appellant and deposited with the Delhi High Court Bar Association within a period a period of two weeks from today. The account details are as under: Account Name: Delhi High Court Bar Association Cost Account Account Number: 15530110179338 IFSC Code: UCBA0001553 Bank & Branch: UCO Bank, Delhi High Court Branch. ii. Upon deposit of the aforesaid cost, the appellant, through its counsel, ensures and undertakes to this Court that it shall fully comply with the order(s) passed in the present proceedings in future, and further undertakes that the domain “sustainium.ae” shall not, at all, in any manner, be available or approachable from India. iii. In view of the aforesaid undertaking, the requirement of personal attendance/detention of the CEO of the appellant-Sustainium Inc. shall stand dispensed with. 5. The aforesaid statement made by learned counsel for the parties is accepted and is taken on record as an undertaking to this Court. Both parties 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 28/09/2026 at 11:16:45 shall be bound by, and shall abide by, the aforesaid terms as recorded. 6. In view of this agreement between the parties, the Order dated 17.07.2026 stands modified to the extent it directs personal attendance/detention of the CEO of the appellant-Sustainium Inc. 7. Accordingly, the present appeal, along with pending application(s), if any, is disposed of with the consent of the parties in the above terms. VIVEK CHAUDHARY, J NISHA SAHAY SAXENA, J SEPTEMBER 23, 2026/pk/tr 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 28/09/2026 at 11:16:45