M/S B S ENVIRO N INFRACON PRIVATE LIMITED vs VIJ CONTRACTS PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.10.2025 Judgment pronounced on: 17.10.2025 + RFA (COMM) 132/2024 M/S B S ENVIRO N INFRACON PRIVATE LIMITED .....Appellant Through: Mr. Robin George, Mr. Yogesh Bhatt, Advs. versus VIJ CONTRACTS PVT. LTD. .....Respondent Through: Mr. L. K. Singh, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The issue that arises for consideration in the present Appeal is whether the learned Trial Court was right in concluding that the document dated 26.09.2019 (Ex. PW1/D2 /Annexure-A9) recorded a full and final settlement, in respect of the claims that had accrued up to that date, and whether, on the evidence on record, any interference with the findings of the Trial Court can be warranted. 2. The present Appeal filed under Section 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] read with Section 13 of the Commercial Courts Act, 2015 assails the correctness of the judgment and decree dated 03.01.2024 [hereinafter referred to as “Impugned Judgment”] passed by the Trial Court, whereby the suit Signature Not Verified RFA (COMM) 132/2024 Page 1 of 15 Signed By:SAVITA PASRICHA Signing Date:17.10.2025 15:42:20 instituted by the Appellant for recovery of Rs.50,41,835/- (along with interest and costs) was dismissed. FACTUAL MATRIX 3. The salient facts, as pleaded by the parties and recorded by the Trial Court, may be briefly stated. The Appellant is a company engaged in supply, installation, testing and commissioning of Sewage Treatment Plants [hereinafter referred to as “STP”], which had subcontracted certain works from the Respondent. The Respondent is the principal contractor awarded the work of supply, installati