M/S RITAS HERITAGE & ORS. vs SANGITA GUPTA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 14.01.2026 Judgment pronounced on: 31.01.2026 Judgment uploaded on: 31.01.2026 + RFA(COMM) 150/2023 and CM APPL. 36777/2023 M/S RITAS HERITAGE & ORS. .....Appellants Through: Mr. Arihant Jain, Adv. versus SANGITA GUPTA & ANR. .....Respondents Through: Mr. Rajiv Ranjan Mishra, Mr. Saurabh, Mr. Jitender Kumar, Ms. Suruchi Yadav, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. The present Appeal, preferred by the Appellants, assails the correctness of the judgment and decree dated 11.01.2023 [hereinafter referred to as ‘Impugned Judgment’] passed by learned Commercial Court whereby the Commercial Court partly decreed the suit for recovery filed by the Respondents [Plaintiffs before the Commercial Court] and awarded a sum of Rs.3,90,163/- along with interest @ 6% per annum from the date of filing of the suit till realization, with costs. 2. The issue which arises for consideration in the present Appeal is whether the Commercial Court committed any error of law, perversity, or infirmity in appreciation of the pleadings and evidence on record while partly decreeing the Respondents’ suit for recovery, warranting interference by this Court in exercise of appellate Signature Not Verified Signed By:JAI NARAYAN Signing Date:31.01.2026 RFA(COMM) 150/2023 Page 1 of 20 12:07:51 jurisdiction under Section 13 of the Commercial Courts Act, 2015 [hereinafter referred to as ‘CC Act’]. FACTUAL MATRIX: 3. In order to appreciate the controversy involved in the present Appeal, it is necessary to briefly notice the relevant facts as they emerge from the pleadings and the record of the case. 4. The Appellants were the Defendants before the learned Commercial Co