MS DURGA BUILDERS PRIVATE LIMITED vs MR AJAY RELAN & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.12.2025 Judgment pronounced on: 23.12.2025 Judgment uploaded on: 23.12.2025 + FAO(OS) 52/2025, CM APPL. 26431/2025, CM APPL. 67489/2025, CM APPL. 67531/2025 & CM APPL. 73300/2025 MS DURGA BUILDERS PRIVATE LIMITED .....Appellant Through: Mr. Amit Rawal and Mr. Satvik Verma, Senior Advocates along with Mr. Mohit K. Mudgal, Mr. Shantanu Parmar, Ms. Rishika, Ms. Harshita Verma and Ms. Anushree Sudan, Advocates. versus MR AJAY RELAN & ORS. .....Respondents Through: Mr. Sudhir Makkar, Senior Advocate with Mr. Mayank Tripathi, Mr. Ashish Hira, Ms. Saumya Gupta and Ms. Rhea Jain, Advocates for Respondent No. 1. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J 1. The present Appeal has been instituted assailing the order passed on 17.03.2025 by the learned Single Judge [hereinafter referred to as „LSJ‟], whereby the application moved by the Appellant Company [Applicant/Defendant before the LSJ] seeking setting-aside Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:23.12.2025FAO(OS) 52/2025 Page 1 of 27 12:46:13 of the compromise decree dated 28.03.2003, came to be dismissed. The said compromise decree formed the very basis on which CS (OS) 749/1994 was decreed as settled. 2. At the outset, it is necessary to note that the Appellant Company, MS Durga Builders Private Limited [hereinafter referred to as „DBPL‟], is presently being represented through its director, Mr. Divij Mehra. At the time when the underlying civil suit was pending adjudication before the LSJ, DBPL was represented through a different Managing Director, namely, Mr. Ravinder Kumar Nanda, who was shown as being in charge of, and responsible for, the conduct of t