RENU MATHUR & ORS vs RAMESH CHANDER GUPTA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 7th January, 2026 Judgment pronounced on: 29th January, 2026 + RFA 1003/2019, CM APPL. 50426/2019, CM APPL. 54558/2019 & CM APPL. 27979/2025 RENU MATHUR & ORS .....Appellants Through: Mr. Jai Sahai Endlaw, Mr. Nitin Kumar & Ms. Shruti Kapur, Advocates. versus RAMESH CHANDER GUPTA .....Respondent Through: Mr. Sachin Gupta and Ms. Mahima Chanchalani, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present appeal has been filed under Section 96 of the Civil Procedure Code, 1908 (‘CPC’) read with Order XLI Rule 1 of the CPC impugning the judgment and decree dated 3rd September, 2019 passed by the Additional District Judge, Patiala House Courts, New Delhi in CS No. 59187/2016 (‘impugned judgment’). 2. By the impugned judgment, the Trial Court has passed a decree of Rs. 50 lakhs in favour of the plaintiff along with future interest at the rate of 12% per annum. Signature Not Verified Signed By:VIVEK RFA 1003/2019 Page 1 of 11 MISHRA Signing Date:29.01.2026 15:29:10 3. The plaintiff has also filed cross objections to the extent that the Trial Court has erred in not granting pendente lite interest as well as the costs of the suit. 4. This Court vide order dated 22nd November, 2019, directed the appellants/defendants to deposit the 2/3rd of the decretal amount in the Court which was to be kept in an interest-bearing FDR. Further, vide order dated 21st February, 2024, this Court directed release of 50% of the deposited amount in favour of the respondent/plaintiff subject to respondent/plaintiff furnishing a personal undertaking. 5. Parties in the present appeal shall be hereinafter referred to as per the nomenclature in the Trial Court. The appellants shall hereinafter be referred