M/S SURGE INDUSTRIES LTD AND ORS vs KAMAL GUPTA AND ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 02.09.2025 Judgment pronounced on: 13.10.2025 RFA(OS) 45/2025 and CM APPLs. 44888/2025 & 44891/2025 M/S SURGE INDUSTRIES LTD AND ORS. .....Appellants Through: Mr. Suman K. Doval and Mr. Lakshay Chaudhary, Advocates versus KAMAL GUPTA AND ANR .....Respondents Through: Mr. Akhil Sibal, Senior Advocate with Mr. Sparsh Aggarwal and Ms. Ridhi Bajaj, Advocates with Respondents in-person CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Regular First Appeal, under Section 96 of the Civil Procedure Code, 19081, read with Section 10 of the Delhi High Court Act, 1996, has been filed assailing the Judgement and Decree dated 29.05.20252 passed by the learned Single Judge. By the said judgment, the learned Single Judge allowed I.A. No. 12254/2025 in CS(OS) 694/2024, filed by the Respondents herein3 under Order XXXVII 1 CPC 2 Impugned Judgement 3 Respondents/Plaintiffs 2. By way of the Impugned Judgment, the learned Single Judge decreed the suit in favour of the Plaintiffs for a sum of Rs. 3,17,18,750/- along with interest at the rate