Delhi High Court - Orders
M/S Huawei Telecommunications (India) ... vs M/S. Arun Industries on 28 July, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 422/2025
M/S HUAWEI TELECOMMUNICATIONS (INDIA) CO.
PVT. LTD. .....APPELLANT
Through: Mr. Sushank Kumar, Adv
versus
M/S. ARUN INDUSTRIES .....RESPONDENT
Through: Mr. Arvind Dhingra, Adv
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE SHAIL JAIN
ORDER
% 28.07.2025
1. This hearing has been done through hybrid mode. CM APPL. 45362/2025 ( Exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. RFA(COMM) 422/2025 & CM APPL. 45361/2025 (Stay), CM APPL. 45363/2025 ( Summoning Trial Court records)
3. The present appeal has been filed by the Appellant- Huawei Telecommunications (India) Co. Pvt. Ltd., under Section 96 of the Code of Civil Procedure, 1908 read with Section 13 of the Commercial Courts Act, 2015, inter alia, assailing the judgment and decree dated 01st May, 2025 (hereinafter, 'impugned judgment') passed by the Commercial Court-07, South East District, Saket Court in CS (COMM.) No. 478/2023.
4. Vide the impugned judgment, the suit of the Respondent/Plaintiff has been decreed in the following terms:-
"46. The suit is decreed hence, in favour of plaintiff for 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 31/07/2025 at 21:46:34 residual amount of Rs. 5,00,000/- (Rs. 18,20,000-Rs. 13,20,000/-) alongwith GST @ 18% and Interest @ 11 %.
47. Plaintiff is also held entitled to recover the costs on account of Court fee @ Rs. 30,500/- and lawyer 's fee @ Rs. 10,000/-, in terms of Section 35 CPC. The amount of lawyer's fee is restricted to above amount for want of certificate of fee having been filed."
5. The suit arises out of a Lease Agreement entered between the parties in respect of a Commercial Space measuring 5750 Sq ft located at plot No. A-16, Mohan Co-operative Industrial Estate Ltd, Mathura Road, New Delhi
-110044 which was given on lease by the Respondent/Plaintiff vide Lease Deed dated 24thJuly, 2019 w.e.f 01stApril, 2019.
6. According to the Appellant/Defendant, the said Lease Agreement was to expire on 31st March 2020 and the Appellant/Defendant had informed the Respondent/Plaintiff that they would be vacating the said property. However, for various reasons including the COVID-19 pandemic, the vacation did not happen. Hence, the suit came to be filed seeking arrears.
7. In the said suit i.e., CS (COMM.) No. 478/2023, an application under Order XIII A of the Code of Civil Procedure, 1908 was also filed by the Respondent/ Plaintiff seeking a summary judgment. The impugned judgment has been passed in the said application.
8. Ld. Counsels for the parties have been heard. Considering that this is a first appeal challenging a money decree, it is directed that subject to the entire decretal amount being deposited with the Registrar General of this Court, the impugned judgment shall be stayed.
9. Let the said deposit be made by 31st August 2025. Liberty is granted to the Respondent to seek release of the same after the deposit is made.
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 31/07/2025 at 21:46:34
10. Let the Trial Court Record be requisitioned by the next date of hearing.
11. List on 28th October, 2025.
PRATHIBA M. SINGH, J.
SHAIL JAIN, J.
JULY 28, 2025/sk/ck 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 31/07/2025 at 21:46:34