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HIGH COURT OF DELHI
RFA 330/2019
M/S NEERAJ TAYAL(HUE) Appellant
Through : Mr.Rahul Verma,Advocate.
HIGH COURT OF DELHI
RFA 330/2019
M/S NEERAJ TAYAL(HUE) Appellant
Through : Mr.Rahul Verma,Advocate.
VERSUS
M/S SATYABHAMA CONSTRUCTIONS PVT LTD & ORS Respondents
Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.
Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.
RFA 331/2019
M/S RADHE SHYAM TAYAL(HUE)
Appellant
Through: Mr.Rahul Verma,Advocate.
M/S RADHE SHYAM TAYAL(HUE)
Appellant
Through: Mr.Rahul Verma,Advocate.
VERSUS
M/S SATYABHAMA CONSTRUCTIONS PVT LTD & ORS Respondents
Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.
Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.
CORAM:
HON'BLE MR.JUSTICE YOGESHICHANNA
05.12.2019 These appeals challenges the
05.12.2019 These appeals challenges the
ORDER
dated 04.01.2019 whereby the suit for recovery ofRs.9,92,988/- in RFA 330/2019 and
Rs.9,32,009/- in REA l<\o.331/20J9 was dismissed. The only issue is as to ifthe appellant is entitled to an interest at the rate of 18% per annum on the money deposited by him with the respondent.
Admittedly there is no written agreement between the parties.
The respondent no.l being a company, an artificial person, hence there could not be any occasion for an oral understanding between an
2019:DHC:7963 / / r / . individual and an artificial person.
Nevertheless during the course of arguments the matter has been amicably settled between the parties and it is stated the respondent shall pay a sum of Rs.1,25,000/- to the appellant in full and final settlement ofall claims ofthe appellant qua increase rate of interest, in both these appeals and that the learned counsel for appellant on instructions,has readily agreed to it.
In the circumstances,an amountofRs.1,25,000/- be paid by the respondentto the appellant within six weeksfrom today.
The appeals stands disposed of in terms of above. Pending application(s),ifany,also stands disposed of.
No order as to costs.
\ YOGESHKHANNA,J.
DECEMBER 05,2019 2019:DHC:7963
Rs.9,32,009/- in REA l<\o.331/20J9 was dismissed. The only issue is as to ifthe appellant is entitled to an interest at the rate of 18% per annum on the money deposited by him with the respondent.
Admittedly there is no written agreement between the parties.
The respondent no.l being a company, an artificial person, hence there could not be any occasion for an oral understanding between an
2019:DHC:7963 / / r / . individual and an artificial person.
Nevertheless during the course of arguments the matter has been amicably settled between the parties and it is stated the respondent shall pay a sum of Rs.1,25,000/- to the appellant in full and final settlement ofall claims ofthe appellant qua increase rate of interest, in both these appeals and that the learned counsel for appellant on instructions,has readily agreed to it.
In the circumstances,an amountofRs.1,25,000/- be paid by the respondentto the appellant within six weeksfrom today.
The appeals stands disposed of in terms of above. Pending application(s),ifany,also stands disposed of.
No order as to costs.
\ YOGESHKHANNA,J.
DECEMBER 05,2019 2019:DHC:7963