M/S R C SOOD & CO DEVELOPERS PVT LTD vs SHARAD MAHESHWARI & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:12th February, 2026 Pronounced on: 18th May, 2026 + RFA 37/2020, CM APPL. 67118/2025 & CM APPL. 9723/2026 M/S R. C. SOOD & CO. DEVELOPERS PVT. LTD. (EROS GROUP) S-1, American Plaza International Trade Tower Nehru Place, New Delhi. .....Appellant Through: Mr. Vikas Mishra, Mr. Kartik Magar Karti, Mr. Sanchit Gawri and Mr. Krishna Dev Yadav, Advocates. versus 1. SHRI SHARAD MAHESHWARI S/o Shri Ram Babu Maheshwari R/o C-5/31, Ground Floor Safdarjang Development Area, New Delhi. 2. SMT. VANDANA MAHESHWARI W/o Shri Sharad Maheshwari R/o C-5/31, Ground Floor Safdarjang Development Area, New Delhi. .....Respondents Through: Mr. Manish Kaushik and Mr. Mishal Johari, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. RFA 37/2020 Page 1 of 31 Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:18.05.2026 16:17:51 1. The Regular First Appeal under Section 96 read with Order XLI CPC has been preferred against the Judgment and Decree dated 30.09.2019, whereby the Suit of the Plaintiff/Respondent has been decreed for a sum of Rs.18,00,000/- along with pendente lite and future interest @ 6% per annum. 2. The Plaintiff/Respondent had filed a Suit bearing No.9719/2016 for Recovery of Rs.52,71,118/- along with pendent lite and future interest. 3. The facts in brief, are that the Defendant, a Real Estate Developer and owner of land in Village Ghasola Badshahpur, District Gurgaon, Haryana, launched a residential project known as “Rosewood City” consisting of Duplex independent villas called “Grand Mansions”. The Plaintiff applied for a built-up villa, vide Application dated 22.02.2008 and paid Rs.10,00,000/-, as booking amount. 4. Subsequently, an Agreement to Sell