HIMMAT SINGH & ANR. vs ARUP SINHA ROY

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.10.2025 Judgment pronounced on: 13.11.2025 + RFA(COMM) 141/2024 HIMMAT SINGH & ANR. .....Appellants Through: Mr. Irfan Ahmed, Advocate. versus ARUP SINHA ROY .....Respondent Through: Mr. Manish Kohli, Advocate with Respondent in person. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal under Section 96 and Order XLI of the Civil Procedure Code, 1908 read with Section 13 of the Commercial Courts Act, 2015, instituted by Mr. Himmat Singh1 and Mr. Ashok Singh2, assails the Judgment and Decree dated 08.12.20233 passed by the learned District Judge (Commercial Court-03), South-East District, Saket Courts, New Delhi4, in CS(COMM) 325/2021 titled “Arup Sinha Roy v. Himmat Singh & Anr”. 1 Appellant No. 1/ Defendant No. 1 2 Appellant No. 2/ Defendant No. 2 3 Impugned Judgement 4 Commercial Court Signature Not Verified Digitally Signed By:HARVINDER KAUR RFA(COMM) 141/2024 Page 1 of 24 BHATIA Signing Date:14.11.2025 15:18:26 2. By the Impugned Judgment, the suit instituted by Mr. Arup Sinha Roy5 was decreed for a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) along with cost and interest @ 9% per annum from 15.12.2020 till realization, holding the Appellants jointly and severally liable. BRIEF FACTS: 3. The necessary facts germane to the institution of the present Appeal are as follows: a. The Respondent, who was the Plaintiff before the learned Commercial Court, is engaged in the business of real estate consultancy and facilitation of construction and redevelopment projects in South Delhi. b. Appellant No. 1 and Respondent have been known to each other for decades, and it is stated that in or around Ma