M/S ANGAD DEVELOPERS PVT LTD vs M/S VERSATILE COMMOTRADE PVT LTD

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10.12.2025 + RFA(OS) 67/2018 M/S ANGAD DEVELOPERS PVT LTD .....Appellant Through: Mr. Rajesh Yadav, Sr. Adv. with Mr. Naresh Gupta, Mr. Rachit Gumber, Advs. versus M/S VERSATILE COMMOTRADE PVT LTD .....Respondent Through: Mr. Ratan K. Singh, Sr. Adv. with Mr. Nikhilesh Krishnan, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant assails the correctness of the judgment and order dated 20.07.2018 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge, wherein the Appellant/Defendant has been called upon to refund a sum of Rs.75,00,000/- along with interest at the rate of 9% per annum from 13.03.2014 till the date of payment to the Respondent/Plaintiff. Additionally, for the remaining amount in the sum of Rs. 1,25,00,000/-, the leave to defend application has been allowed conditionally, i.e., subject to furnishing some security in the form of immovable property or a bank guarantee to the satisfaction of this Court in respect of the said amount of Rs.1,25,00,000/-. Signature Not Verified Signed By:JAI NARAYAN RFA(OS) 67/2018 Signing Date:12.12.2025 Page 1 of 7 16:27:18 2. For the sake of convenience, the parties before this Court shall be referred in accordance with their status and rank before the learned Single Judge. 3. Originally, the Defendant was the owner of the property admeasuring 14 bighas and 12 biswa, bearing Khasra Nos.4/12, 7, 8/2, 22 and 23 situated in Village Ujjwa, Nazafgarh, Delhi [hereinafter referred to as ‘suit land’]. 4. The Defendant entered into an Agreement to Sell (‘ATS’) with respect to the suit land, on 21.04.2013, on recei