MANJIT SINGH vs M/S CAPITOL ESTATES PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th February, 2026 Pronounced on: 05th May, 2026 + RFA 283/2021, CM APPL. 25354/2021 & CM APPL. 13405/2026 MANJIT SINGH S/o Late Major Madan Singh R/o H-31, Ground Floor, Masjid Moth, Greater Kailash-II, New Delhi. .....Appellant Through: Mr. Achin Goel and Mr. Rakesh Kumar, Advocates. versus M/S CAPITOL ESTATES PVT. LTD. Apartment No.107 B/1, The Capital Court, Olof Palme Marg, Munirka, South West Delhi, Delhi. .....Respondents Through: Mr. Vaibhav Kalra, Ms. Neha Bhatnagar and Ms. Yashika Jorwal, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Appeal under Section 96 read with Order XLI Rule 1 of CPC has been filed on behalf of the Appellant Manjit Singh against Final Order and Decree dated 09.04.2021, whereby Suit of the Plaintiff / Respondent for Specific Performance, Damages, etc., has been decreed against Appellant for Rs.1,30,00,000/- along with proportionate cost and pre-Suit interest with effect from 25.10.2011 @ 12% per annum, pendente-lite interest @ 6% per annum, in terms of alternate prayer in the Suit. RFA 283/2021 Page 1 of 13 Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:05.05.2026 16:53:51 2. Plaintiff / Respondent M/s Capitol Estates Pvt. Ltd. filed the Suit bearing CS No.10563/2016 for Specific Performance of Agreement to Sell dated 03.11.2009 and in the alternative sought refund of sum of Rs.1,30,00,000/- along with interest @ 24% per annum paid by the Plaintiff Company under the Agreement to Sell and also to award Damages on account of non-performance of Agreement to Sell by the Defendant. 3. Facts and briefs, as narrated in the Plaint were that the Plaintiff Company was in the business of real estate investment