Delhi High Court
RFA(COMM)/628/2026 of M/S MONA GENERATORS SERVICE PVT LTD. Vs M/S GWALEC ELECTRICALS PVT. LTD & ANR. on 23 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010440462026 + RFA(COMM) 628/2026, CM APPL. 63368/2026, CM APPL. 63369/2026 & CM APPL. 63370/2026 M/S MONA GENERATORS SERVICE PVT LTD. .....Appellant Through: Mr. Deepak Dhingra, Sr. Adv. with Ms.Sneh Somani & Ms. Riya Sardana, Advs. versus
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010440462026
+
RFA(COMM) 628/2026, CM APPL. 63368/2026, CM APPL.
63369/2026 & CM APPL. 63370/2026
M/S MONA GENERATORS SERVICE PVT LTD.
.....Appellant
Through:
Mr. Deepak Dhingra, Sr. Adv. with
Ms.Sneh
Somani
&
Ms.
Riya
Sardana, Advs.
versus
M/S GWALEC ELECTRICALS PVT. LTD & ANR.
.....Respondents
Through:
Mr. Rohit Kumar Modi, Adv.
CORAM:
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE DR. JUSTICE ADITI CHOUDHARY
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O R D E R
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23.09.2026
1. The present appeal preferred under Section 13(1A) of the Commercial Courts Act, 2015 is directed against judgment and decree dated 17.03.2026 passed by the District Judge (Commercial Court)-02, Central District, Tis Hazari in CS (COMM) No.867/2025 preferred by the respondent/plaintiff. The operative portion of the impugned judgment is reproduced hereunder:
“26. In view of my aforesaid discussion, on appreciation of overall conspectus, it can be easily said that the twin conditions as laid down in Rule 3 of Order XIII A CPC are satisfied, warranting passing a judgment on the claim without recording of oral evidence. Thus, the summary judgment is passed and consequently, suit is decreed in favour of plaintiff company and against the defendant company and following reliefs are granted:-
(i) The plaintiff company is entitled to recover total amount of Rs 16,58,500/- ( Rs Sixteen Lakh Fifty Eight Thousand and Five Hundred only) from the defendant company.
(ii) The plaintiff company is also awarded the pendente-lite and future interest @ 8% per annum.
(iii) Cost of the suit is also awarded in favour of the plaintiff company.”
2. After arguing for some time, learned Senior Counsel for the appellant and learned Counsel for the respondent with the instructions of their respective parties, in the spirit of the ‘Lok Adalat’ submitted that they have settled the dispute amicably and have decided that the appellant/defendant shall pay an amount of Rs.12,52,064/- along with interest @ 9% per annum to the respondent/plaintiff.
3. The pre-suit interest @ 9% p.a. comes to Rs.1,56,182/- and the interest from the date of filing of the suit (30.07.2025) till 30.09.2026 @ 9% p.a. comes to Rs.1,31,826/-. The total amount payable to the Respondent thus comes to Rs.15,40,072/-, which shall be paid latest by 30.11.2026.
4. In the event of amount being paid in terms of the above order within the stipulated time i.e. by 30.11.2026, the execution application filed by the respondent shall stand disposed of, otherwise the execution proceedings shall be taken up and the amount in terms of the decree shall be recovered.
5. Since the parties have settled the dispute in the spirit of ‘Lok Adalat’, the Court fee paid at the time of filing of the appeal be refunded in accordance with law.
6. The appeal is disposed of in the aforesaid terms alongwith interlocutory applications.
DINESH MEHTA, J.
ADITI CHOUDHARY, J. SEPTEMBER 23, 2026/kk