HLK INFRASTRUCTURE PVT. LTD vs AJAY KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: 20.08.2025 + RFA(COMM) 107/2022 HLK INFRASTRUCTURE PVT. LTD. ..... APPELLANT versus AJAY KUMAR ..... RESPONDENT Advocates who appeared in this case For the Appellant : Mr. Kshitij Sharda, Advocate. For the Respondent : Mr. Pradeep Kumar Kar, Advocate CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT VINOD KUMAR, J. 1. Present Regular First Appeal challenges a judgment dated 01.06.2022 passed by learned District Judge (Commercial Court-01), South East District, New Delhi vide which civil suit CS (Commercial) No. 291/2020 filed by the appellant for recovery of Rs.07,02,856/- was dismissed. 2. For the sake of convenience, the appellant would also be referred to as ‘plaintiff’ and the respondent as ‘defendant’. Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS RFA (COMM) 107/2022 Page 1 of 24 Signing Date:20.08.2025 19:08:15 3. For the disposal of this appeal, it is necessary to briefly state more relevant portions of pleadings and evidence led by parties before the Trial Court. Plaint 4. As per the plaint, the plaintiff company is engaged in the business of designing, installation and execution of civil work including construction, electrical and plumbing etc. The defendant, being the sole proprietor of M/s Aditya Enterprises, entered into an agreement with plaintiff on 19.12.2015 for executing interior designing, civil construction and other works in defendant’s property bearing No. D-117, Lower Ground Floor, Lajpat Nagar-I, New Delhi-110024 (hereinafter referred to as ‘Project Site'). 5. In para 5, it is averred that this agreement contained details of the works to be done, material to be used and quality thereof. The scope of the work to be done also inclu