Delhi High Court – Orders
M/S Agv Alfab Limited vs M/S Realtech Construction Pvt Ltd & Ors on 7 January, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 436/2016
M/S AGV ALFAB LIMITED .....Plaintiff
Through: Ms.Sujata Kashyap Advocate with
Punit Kumar Sharma (A.R) of
Plaintiff Company
versus
M/S REALTECH CONSTRUCTION PVT LTD & ORS
.....Defendants
Through: Mr. Raj Vardhan and Ms. Rashmi
Raj Vardhan, Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 07.01.2025
CS(COMM) 436/2016, I.A. 45768/2024, I.A. 3310/2020
1. This application under Order XXIII Rule 3 CPC has been jointly filed
by the parties for recording of compromise.
2. The instant suit is one for decree of payment of a sum of
Rs.2,49,58,632/- along with pendent lite and future interest to the Plaintiff
@9% p.a. by the Defendant from the date of the suit till the actual date of
payment by the Defendant.
3. Pending the suit, the parties have entered into a Memorandum of
Understanding dated 25.09.2023 which has been amended on 12.11.2024.
The Memorandum of Understandings dated 25.09.2023 and 12.11.2024
reads as under:-
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“MEMORANDUM OF UNDERSTANDINGThis MEMORANDUM OF UNDERSTADING
(‘MOU’) is made and executed at New Delhi on this
25th day of September 2023 betweenM/S REAL TECH CONSTRUCTIONS PVT. LTD., a
Company incorporated under the provisions of
Companies Act, 1956 having its registered office at D –
22, Defence Colony, New Delhi – 110024 and
Corporate Office at LGF, Veritas Business Suits,
Sector – 53, Golf Course Rod, Gurugram – 122011,
acting through its Director and Authorized Signatory
i.e. Mr. Pankaj Dayal, (hereinafter referred to as
“First Party”, which expression shall unless repugnant
to the context or meaning thereof, deemed to mean and
include its successors and permitted assigns) of the
ONE PART;
AND
MIS AGV ALFAB LTD., a Company incorporated
under the provisions of Companies Act, 1956 having its
registered office at A-203, Vikas Tower, PVR Complex,
Vikas Puri, New Delhi – 110018, acting through its
Director and Authorized Signatory i.e. Mr. Punit
Kumar Sharma, (hereinafter referred to as “Second
Party”, which expression shall unless repugnant to the
context or meaning thereof, be deemed to mean and
include its successors and permitted assigns) of the
OTHER PART;
WHEREAS Second Party was engaged by First Party
to carry out the facade glass and aluminum work for
the then upcoming mall known as City Emporium Mall
at Chandigarh by its owners First Party.
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AND WHEREAS disputes arose between the parties
due to which the SECOND PARTY filed a Commercial
Suit No. CS (Comm.) 436/2016 against the FIRST
PARTY titled “AGV Alfab Ltd. Vs. Real Tech
Constructions Pvt. Ltd. & Anr.” claiming a sum of Rs.
2 crores towards unpaid material, labour installation,
etc. and the said case is pending before the Hon’ble
Delhi High Court. That in order to save time and
efforts and for the sake of peaceful resolution of the
disputes, Parties have mutually discussed the matter
and have reached an amicable accord to settle the
aforesaid disputes between the Parties on the terms
and conditions written hereof, now Parties wish to
commit the terms of their accord into this
Memorandum of Understanding.
NOW THEREFORE, IN CONSIDERATION OF
THE ABOVE THIS ACCORD WITNESSETH THE
TERMS ARRIVED BETWEEN THE PARTIES TO
THIS MEMORANDUM OF UNDERSTADING AS
UNDER:-
First Party shall pay Rs. 1,40,00,000/- (Rupees One
Crore Forty Lacs Only) to the Second Party towards
Full and Final Settlement of all its claims, disputes,
grievances, rights, lien or interest, demands, damages
etc. raised in relation to work executed by it at City
Emporium Mall, Chandigarh. Rs.5,00,000/- Lacs has
been paid by First Patty to the Second Party at the time
of execution of the present MoU, the receipt of which is
duly acknowledged by the Second Patty and the
balance payment of Rs.1,35,00,000/- shall be paid by
First Patty in the following manner/instalments:-
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That an Application under Order 23 Rule 3 seeking
Compromise Decree incorporating the terms of the
settlement shall be jointly moved by both the parties
before February, 2024.
That upon refund of the entire amount as mentioned
above, First Party shall be discharged of all its
obligations towards Second Party in respect of the
work executed by it at City Emporium Mall,
Chandigarh and Second Party undertakes not to
initiate any fresh Litigation/Civil or Criminal
action/file claim/complaint/proceedings etc. in respect
of the aforesaid disputes and differences before any
Civil Authority against First Party or its Directors,
Employees, Representatives in future and Second Party
agrees that in any event, if any other complaint is
pending, the same shall be deemed to be withdrawn for
all purposes.
That in case of any default in making payments to the
Second Party or dishonor of cheque/s, First Party shall
be liable to pay penal interest @ 12% per annum on
the defaulted amount from the date such amount was
due till the date the said amount is not fully paid.
This is a digitally signed order.
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Further, in addition to the interest on the defaulted
amount for the default period, in case of any
breach of payment by First Party, they shall become
liable for contempt, both civil and criminal.
That the Parties to this settlement have settled all their
disputes, differences against each other and now all
disputes, differences etc. against each other shall stand
settled and no dispute of any sort exists between the
Parties and claim of all the Parties against each other
and their Directors and Employees stand fully satisfied
in all respects.
That this Memorandum of Settlement is final and
irrevocable and binding upon the parties and their
respective successors, assigns, and representatives and
is being executed by the Parties on their own free will
and without any undue influence, force , fraud and / or
coercion.
All the parties have signed this Memorandum of
Understanding on the 25th day of September, 2023
first mentioned above after fully understanding the
mean and purpose of the present Memorandum of
Understanding”
"AMENDED MEMORANDUM OF
UNDERSTANDING
This AMENDED MEMORANDUM OF
UNDERSTADING (‘MOD’) is made and executed at
New Delhi on this 12th day of November 2024 betweenM/S REAL TECH CONSTRUCTIONS PVT. LTD., a
Company incorporated under the provisions of
Companies Act, 1956 having its registered office at D –
22, D 405 Defence Colony, New Delhi – 110024 and
Corporate Office at LGF, Veritas Business Suits,This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:48
Sector – 53, Golf Course Rod, Gurugram – 122011 ,
acting through its Director and Authorized Signatory
i.e. Mr. Pankaj Dayal, W 21I 16 Sainik Farms, New
Delhi 110062 (hereinafter referred to as “First Party”,
which expression shall unless repugnant to the context
or meaning thereof, be deemed to mean and include its
successors and permitted assigns) of the ONE PART;
AND
MIS AGV ALFAB LTD., a Company incorporated
under the provisions of Companies Act, 1956 having its
registered office at A-20 , Vikas Tower, PVR Complex,
Vikas Puri, New Delhi – 110018 , acting through its
Director and Authorized Signatory i.e. Mr. Punit
“Kumar Sharma, (hereinafter referred to as “Second
Party”, which expression shall unless repugnant to the
context or meaning thereof, be deemed to mean and
include its successors and permitted assigns) of the
OTHER PART;
WHEREAS Second Party was engaged by First Party
to carry out the facade glass and aluminum work for
the then upcoming mall known as City Emporium Mall
at Chandigarh by its owners First Party.
AND WHEREAS disputes arose between the parties
due to which the SECOND PARTY filed a Commercial
Suit No. CS (Comm.) 436/2016 against the FIRST
PARTY titled “AGV Alfab Ltd. Vs. Real Tech
Constructions Pvt. Ltd. & Anr.” claiming a sum of Rs.
2 crores + Interested towards unpaid material, labour
installation, etc. and the said case is before the Hon’ble
Delhi High Court.
That in order to save time and efforts and for the sake
of peaceful resolution of the disputes, Parties mutually
discussed the matter and reached an amicable accord
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:48
to settle the aforesaid disputes between the Parties and
entered into a Memorandum of Understanding dated
25.09.2023 as per which the entire payment of Rs.
1,40,00,0001- was to be made by First Party to the
Second Party by 05.08.2024 however payment of only
Rs.25,00,0001- was made by the First Party to the
Second Party.
Now on the terms and conditions written hereof,
Parties wish to commit the terms of their accord into
this Amended Memorandum of Understanding.
NOW THEREFORE, IN CONSIDERATION OF
THE ABOVE THIS ACCORD WITNESSETH THE
TERMS ARRIVED BETWEEN THE PARTIES TO
THIS AMENDED MEMORANDUM OF
UNDERSTADING AS UNDER:-
First Party shall pay balance amount of Rs.
1,15,00,0001- (Rupees One Crore Fifteen Lacs Only)
to the Second Party towards Full and Final Settlement
of all its claims, disputes, grievances, rights, lien,
demands, damages etc. raised in relation to work
executed by it at City Emporium Mall, Chandigarh
maximum within a period of 4 (Four) months with
interest. The First Party shall also pay penal interest
@12% per annum on the already defaulted amount
from the date such amount was due till the date the
said amount is not fully paid.
That an Application under Order 23 Rule 3 seeking
Compromise Decree incorporating the terms of the
settlement shall be jointly moved by both the parties
immediately upon execution of the present Amended
Memorandum of Understanding.
That upon refund of the entire amount with interest as
mentioned above, First Party shall be discharged of all
its obligations towards Second Party in respect of the
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:49
work executed by it at City Emporium Mall,
Chandigarh and Second Party undertakes not to
initiate any fresh Litigation / Civil or Criminal action /
file claim / complaint / proceedings etc. in respect of
the aforesaid disputes and differences before any Court
/ Authority against First Party or its Directors,
Employees, Representatives in future and Second Party
agrees that in any event, if any other complaint is
pending, the same shall be deemed to be withdrawn for
all purposes.
That in case of any further default in making payments
to the Second Party or dishonor of cheques , First
Party shall be liable to pay penal interest @ 12% per
annum on the defaulted amount from the date such
amount was due till the date the said amount is not
fully paid. Further, in addition to the interest on the
defaulted amount for the default period, in case of any
breach of payment by First Party, they shall become
liable for contempt, both civil and criminal. Mr.
Pankaj Dayal is bound by this MoU in his personal
capacity also.
That the Parties to this settlement have settled all their
disputes, differences against each other and now all
disputes, differences etc. against each other shall stand
settled and no dispute of any sort exists between the
Parties and claim of all the Parties against each other
and their Directors and Employees stand fully satisfied
in all respects. That this Amended Memorandum of
Understanding is final and irrevocable and binding
upon the parties and their respective successors,
assigns, and representatives and is being executed by
the Parties on their own free will and without any
undue influence, force , fraud and / or
coercion.
All the parties have signed this Amended Memorandum
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:49
of Understanding on the 12th day of November 2024
first mentioned above after fully understanding the
mean and purpose of the present Amended
Memorandum of Understanding:
4. The parties are present in Court and they have given their respective
statements to the effect that they will abide by the terms of the
Memorandum of Understanding dated 12.11.2024 .
5. It is stated by the Plaintiff that the Memorandum of Understanding
dated 12.11.2024 has been entered into between the parties without any
coercion and he has entered on his own will. He also states that he shall not
file any other suit for the same claim.
6. It is stated by the Defendant that he would also abide by the terms of
the Memorandum of Understanding dated 12.11.2024 and would pay the
amount as undertaken by him in the Memorandum of Understanding dated
12.11.2024 i.e. before March, 2025.
7. The statements of the parties have been recorded separately.
8. In view of the Memorandum of Understanding dated 12.11.2024, this
Court is inclined to dispose of the suit in terms of the Memorandum of
Understanding dated 12.11.2024 entered into between the parties.
9. Accordingly, the instant suit is disposed of along with pending
application(s), if any.
10. It is made clear that in case the amount is not paid by the Defendant in
terms of the Memorandum of Understanding dated 12.11.2024, the default
clause will be invoked which will be binding on the parties in terms of the
Memorandum of Understanding dated 12.11.2024.
11. In view of the fact that the parties have entered into a settlement
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:49
agreement, they will be entitled to the refund of the court fee under Section
16 of the Court Fees Act.
12. The application is allowed.
13. The Registry is directed to take appropriate steps for refund of court
fee.
14. Let decree sheet be drawn up in terms of the Memorandum of
Understanding dated 12.11.2024.
SUBRAMONIUM PRASAD, J
JANUARY 07, 2025
RJ
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/01/2025 at 21:16:49
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