NATIONAL INSURANCE COMPANY LTD vs GAYATRI DEVI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29th January, 2026 Pronounced on: 16th April, 2026 + RFA 75/2023, CM APPL. 4439/2023 NATIONAL INSURANCE COMPANY LTD Direct Agent Branch- II 21, Darya Ganj, New Delhi -110002 .....Appellant Through: Mr. Niraj Singh, Ms. Vibhuti Khandelwal, Advocates versus GAYATRI DEVI Proprietor Gayatri International B-48, Devli Road, Khanpur New Delhi-110062 .....Respondent Through: Mr. Mukesh Kumar, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Regular First Appeal has been preferred under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (CPC) against the Judgement and Decree dated 15.10.2022 whereby the Suit of the Plaintiff has been decreed in the sum of Rs. 20,47,400/- along with interest at the rate of 6% p.a. from 28.07.2008 till the decision of the Suit and further simple interest at the rate of 9% p.a., till realization. 2. The Plaintiff/Respondent Gayatri Gupta filed a Civil Suit bearing CS(OS) No. 243/2020 for recovery of Rs.29,67,400/- along with pendent lite and future interest at the rate of 18% per annum from the date of institution of the suit till the date of realization. RFA 75/2023 Page 1 of 11 Signature Not Verified Signed By:VIKAS ARORA Signing Date:17.04.2026 15:51:02 3. Facts in brief are that the Plaintiff/Respondent is the Proprietor of M/s Gayatri International, carrying on her trade as Contractor from B-48, Devli Road, Khanpur, New Delhi, who undertakes contractual jobs of various Government and semi-Government organizations. She during the course of business, got a Work Contract from M/s BSNL, to be performed at Gurgaon. She procured various machinery and other articles, for completion of the work. Since the Plaintiff was statione