DEVIKA SHARMA & ORS. vs NIRA INFRASTRUCTURES ENGINEERS PVT. LTD. & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.09.2025 Judgment pronounced on: 09.10.2025 + FAO (COMM) 140/2025 and CM APPL. 31893/2025 DEVIKA SHARMA & ORS. .....Appellants Through: Mr. Sumit Chander, Mr Harish Malik, Mr. Gurdeep Chauhan, Ms. Mahak Dua and Ms. Alankrita Singh, Advs. versus NIRA INFRASTRUCTURES ENGINEERS PVT. LTD. & ORS. .....Respondents Through: Mr. Surjendu Sankar Das, Ms. Annie Mittal, Ms. Aarushi Singh, Advs. for R-1. Mr. Anurag Ojha, Mr. Aayushman Bhatt, Advs. for R- 2 & 3. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule (1)(r) of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟], assailing the correctness of the order dated 11.02.2025 [hereinafter referred to as “Impugned Order”] passed by the District Judge (Commercial Court)-06, South East, Saket Courts, New Delhi in CS(COMM) 3954/2024 captioned Nira Infrastructures Engineers Pvt. Ltd. vs. Devika Sharma and Ors., whereby directions have been Signature Not Verified FAO (COMM) 140/2025 Page 1 of 18 Signed By:JAI NARAYAN Signing Date:10.10.2025 15:14:25 issued to the Appellants (Defendant Nos. 1 to 3 before the Commercial Court) to hand over possession of the Ground Floor of the property bearing No. E-169 Greater Kailash-II, New Delhi – 110048 [hereinafter referred to as „Suit Property‟] to the Respondent No.1 (Plaintiff before the Commercial Court) within a week from the date of the Impugned Order. 2. In order to comprehend the issues involved in the present case, relevant facts in brief are required to be noticed. 3. Herein, the parties shall be referred to by their sta