SARDUL SINGH vs IFFCO TOKIO GENERAL INSURANCE CO. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.09.2025 Judgment pronounced on: 15.09.2025 + EFA(COMM) 11/2024 SARDUL SINGH .....Appellant Through: Mr. Rajesh Kaushik, Mr. Sunil Sirohi and Mr. Vikas Kaushik, Advocates. versus IFFCO TOKIO GENERAL INSURANCE CO. LTD. .....Respondent Through: Mr. Abhinav Jain, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Execution First Appeal, filed under Section 13(1A) of the Commercial Courts Act, 2015, the Appellant [Decree Holder before the Executing Court] assails the correctness of orders dated 12.07.2024 and 06.08.2024 passed by the learned Commercial Court, Saket [hereinafter referred to as the “Executing Court”] in Execution Petition No. 16/2024, whereby the Executing Court recorded the rival contentions regarding computation of decretal interest, directed production of break-up calculations, and thereafter held that pendente-lite and future interest was payable only on the principal sum of Rs.10,50,000/- and not on the pre-suit interest component, and directed the Respondent [Judgment Debtor before the Signature Not Verified EFA(COMM) 11/2024 Page 1 of 8 Signed By:JAI NARAYAN Signing Date:15.09.2025 14:50:00 Executing Court] to pay one month’s interest that remained outstanding. 2. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed. 3. The Appellant/Decree Holder was the registered owner of a TATA Truck bearing registration No. H-46D-7831, which was insured with the Respondent/Judgment Debtor. On the intervening night of 9/10.11.2014, the truck was stolen when it was parked on the roadside, leading to registration of FIR No. 986/2014