MS DURGA BUILDERS PRIVATE LIMITED vs MR AJAY RELAN & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.02.2026 Judgment pronounced on: 27.02.2026 Judgment uploaded on: 27.02.2026 + FAO(OS) 52/2025 M/S DURGA BUILDERS PRIVATE LIMITED .....Appellant Through: Mr. Satvik Varma, Sr. Adv. and Mr. Anurag Ahluwalia, Sr. Advs. with Mr. Mohit Kumar Mudgal, Ms. Anushree Sudan, Mr. Shantanu Parmar, Mr. Gaurav Kumar, Ms. Harshita Verma and Mr. Karan Nambiar, Advs. versus MR AJAY RELAN & ORS. .....Respondents Through: Mr. Sudhir Makkar, Sr. Adv. with Mr. Mayank Tripathi, Mr. Ashish Hira, Ms. Saumya Gupta, Ms. Rhea Jain and Mr. Vasudev Pal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J.: REV. PET. 75/2026 1. The present review application has been filed on behalf of the Appellant/DBPL seeking review of the detailed judgment passed by this Court in the First Appeal on 23.12.2025 [hereinafter referred to as the Impugned Judgment/IJ’], whereby the said Appeal came to be dismissed, with the following observations: “For all the foregoing reasons, this Court has reached the conclusion Signature Not Verified Signed By:JAI NARAYAN Signing Date:27.02.2026 16:04:10 that the recall application filed by DBPL, through its Director, Mr. Mehra was barred by limitation and the compromise decree dated 28.03.2003 satisfies the requirement of being lawful under Order XXIII Rule 3 of the CPC. Since, the said decree was entered into by those who, in law and in fact, were the recognised management of DBPL; consideration was recorded and accepted; repeated collateral challenges have been unsuccessful; and, most importantly, there is no demonstrable fraud on the Court.” 2. The present Appeal was filed by DBPL against the order dated 17.03.2025 passed by the lear