Delhi High Court - Orders
M/S Swarn Enterprises vs M/S Ruchi Plastics And Enginnering ... on 23 February, 2026
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(COMM) 7/2026 & CM APPL. 12398/2026, CM APPL.
12399/2026, CM APPL. 12400/2026, CM APPL. 12401/2026
M/S SWARN ENTERPRISES .....Appellant
Through: Mr. Hritik Manchanda, Adv.
versus
M/S RUCHI PLASTICS AND
ENGINNERING WORKS .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER
% 23.02.2026 CM APPL. 12398/2026 (exemption) and CM APPL. 12399/2026 (exemption) in EFA(COMM) 7/2026
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
CM APPL. 12400/2026 (exemption)
3. For the reasons stated therein, the application is allowed.
4. The application stands disposed of.
EFA(COMM) 7/2026 EFA(COMM) 7/2026 Page 1 of 5 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 23/02/2026 at 20:50:01
5. This appeal is directed against an order dated 6 February 2026 passed by the learned District Judge (Commercial Court-01), North West, Rohini1 in Execution (Comm.)/412/20232.
6. The execution was in respect of a judgment and decree following a settlement between the parties dated 10 January 2023.
7. The terms of settlement, to the extent they are relevant, read thus:
"a) The principal amount in dispute between the parties is Rs.12,35,040/- and now the present case has been finalized between the parties for a total sum of Rs.14,86,000 /(Rupees Fourteen Lakhs and Eighty Six Thousand only) (A bill of Rs.2,36,000/- shall be raised against payment, on or before 15.07.2023 towards the last installment) as full and final amount qua the present cause of action.
b) The defendant has agreed to pay the full and final amount of Rs.14,86,000/- (Rupees Fourteen Lakhs and Eighty Six Thousand only) to the plaintiff through any online mode, as per the following details:
Sl. No. Amount (in Rs.) Date of payment
01 Rs.2,50,000/- On or before 15.02.2023
02 Rs.2,50,000/- On or before 15.03.2023
03 Rs.2,50,000/- On or before 15.04.2023
04 Rs.2,50,000/- On or before 15.05.2023
05 Rs.2,50,000/- On or before 15.06.2023
06 Rs.2,50,000/- On or before 15.07.2023
(against payment of GST
invoice amounting to
Rs,2,36,000/- shall be issued
by the plaintiff.
c) It is settled between the parties that in case of any delay in
making payments of any installment, the defendant shall be liable 1 "the learned Commercial Court" hereinafter 2 Ruchi Plastic and Engineering Works v. Swarn Enterprises EFA(COMM) 7/2026 Page 2 of 5 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 23/02/2026 at 20:50:01 to pay interest @ 12% per annum on the delayed amount for the delayed period."
8. Mr. Hritik Manchanda submits that the entire amount payable by his client along with interest has been paid as per the terms of settlement except the last amount of ₹ 2,50,000/-. He points out that the said amount was payable on or before 15 July 2023 against a GST invoice of ₹ 2,36,000/- to be issued by the respondent. However, no GST invoice for ₹ 2,36,000/- was issued by the respondent.
9. Nonetheless, he acknowledges that the respondent had raised a GST invoice of ₹ 2,36,000/- as envisaged by serial number 06 in clause (b) of the terms of settlement, but belatedly in October 2025.
10. In view of the fact that an invoice has been raised, we are of the opinion that any interim protection that the appellant may be entitled to, should be subject to deposit of the remaining amount of ₹ 2,50,000/- as per the invoice raised in October 2025 subject to the outcome of the present appeal.
11. The appellant would, however, for the present, be exempted from having to pay the interest on the said amount, as the invoice itself has been raised in October 2025.
12. As such, issue notice.
13. Notice be served on the respondent by all modes. Additionally, let notice be served through learned Counsel who appeared on behalf of the respondent before the learned Execution Court.
EFA(COMM) 7/2026 Page 3 of 5This 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 23/02/2026 at 20:50:01
14. As the issue is elementary, we dispense with the requirement of exchange of pleadings and set the appeal itself down for hearing in the Supplementary List on 7 April 2026.
15. Both sides are also directed to place a three page note on record setting out their respective stands at least a week in advance of the next date of hearing.
CM APPL. 12401/2026 (stay)
16. Issue notice.
17. Notice be served on the respondent as per the directions above.
18. Reply to this application, if any, be filed within three weeks with advance copy to learned Counsel for the appellant who may file rejoinder thereto, if any, within two weeks thereof.
19. Till the next date of hearing, subject to the appellant depositing an amount of ₹ 2,50,000/- with the Registry of this Court within a period of three weeks from today, there shall be a stay of operation of the impugned order dated 6 February 2026 passed by the learned executing court till the next date of hearing.
20. Re-notify in the Supplementary List on 7 April 2026.
EFA(COMM) 7/2026 Page 4 of 5This 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 23/02/2026 at 20:50:01
21. Let a copy of this order be given dasti to learned Counsel for the appellant under the Signature of the Court Master.
C. HARI SHANKAR, J.
OM PRAKASH SHUKLA, J.
FEBRUARY 23, 2026 dsn EFA(COMM) 7/2026 Page 5 of 5 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 23/02/2026 at 20:50:01