Full Text
HIGH COURT OF DELHI
Date of Decision: 02nd April, 2026
EROS CITY DEVELOPERS PVT. LTD .....Petitioner
Through: Mr. Akhil Sibal, Sr. Advocate with Mr. Vikas Mishra, Mr. Krishnesh B., Mr. Sanchit G. and Mrs. Sarah Haque, Advocates.
Through: Mr. Deepanshu Jain, Mr. Shaantanu Jain and Ms. Jahanvi Khanna, Advocates along with respondents in person through VC.
ORDER (Oral)
Rajneesh Kumar Gupta, J.
JUDGMENT
1. This hearing has been conducted through hybrid mode.
2. The present petition has been filed under Article 227 of the Constitution of India, 1950, assailing the impugned orders dated 09th July, 2024, passed by the learned National Consumer Disputes Redressal Commission in First Appeal No. 432/2024 and 30th April, 2024, passed by the learned Delhi State Consumer Disputes Redressal Commission, in Consumer Complaint No. 324/2016 respectively.
3. During the pendency of the present petition, the parties have entered into a settlement vide settlement agreement dated 19th December, 2025. Thereafter, a joint application being CM APPL. 81325/2025 has been filed on behalf of the parties seeking, inter alia, the following reliefs: “a) Allow the present Petition and accordingly, quash/set-aside the following Orders in terms of the Settlement Agreement dated 19.12.2025: (i)Order dated 09.07.2024 passed by the Hon'ble National Consumer Disputes Redressal Commission in First Appeal No. 432 of 2024 titled 'Eros City Developers Pvt. Ltd. v. Smt. Gina Singh Chaudhary and Anr; and (ii) Order dt. 30.04.2024 passed by the Ld. Delhi State Consumer Disputes Redressal Commission, New Delhi in Consumer Complaint No. 324 of 2016 titled 'Smt. Gina Singh Chaudhary & Anr. v. Eros City Developers Pvt. Ltd.';”
4. The settlement agreement dated 19th December, 2025 has also been placed on record. The relevant paragraph no. 7 of the agreement reads as follows:
(v) The Second Parties hereby undertakes to unconditionally withdraw the Execution Petition (Execution Petition dated 13.01.2025, bearing No. SC/7/EA/6/2025, titled "Gina Singh Choudhary and Another vs Eros City Developers Private Limited") filed before the Ld. State Commission, Delhi;”
5. The respondents have appeared through VC and learned Counsel for the respondents have submitted that the present petition may be disposed of in terms of the settlement agreement, as all the terms and conditions thereof have been duly complied with.
6. Learned Counsels for the parties have placed reliance upon the judgment of Hon’ble Supreme Court in SLP (C) No. 25905/2024 titled Bipin Bihari Sinha @ Bipin Prasad Singh v. Harish Jaiswal and the judgment of Hon’ble High Court of Kerala at Ernakulam in RFA No. 837/2015 titled as Vinod and Ors. v. Prakashan and Anr. to support their prayer as made in the joint application.
7. In view of the aforesaid settlement agreement particularly paragraph no. 7 of the said agreement, the petition is allowed and the impugned orders dated 09th July, 2024 and 30th April, 2024 are set aside.
8. The next date of hearing i.e. 06th May, 2026 stands cancelled. CM APPL. 81331/2025 (for directions)
9. The present joint application has been filed on behalf of the parties under Article 227 of the Constitution of India, 1950 read with Section 151 of Code of Civil Procedure, 1908, seeking release of an amount of Rs. 41,80,998/- to the petitioner, deposited in terms of order dated 09th August, 2024 passed by this Court.
10. Learned Counsel for the respondents submits that the respondents have no objection if the present application is allowed, as the matter has been settled between the parties, and the said amount be released to the petitioner as prayed in the application.
11. Keeping in view the submissions made by learned Counsel for the parties, the present application is allowed and learned State Commission to release the amount of Rs. 41,80,998/- to the petitioner.
RAJNEESH KUMAR GUPTA, J APRIL 02, 2026/MR/ik