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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24.11.2025 Judgment pronounced on: 03.12.2025 + RFA(COMM) 44/2024, CM APPL. 8145/2024 and CM APPL.

8146/2024 MRS. MINAL DESAI .....Appellant Through: Mr. Lakshay Dhamija and Ms.

Liza Kesi, Advs.

versus MR. KAWALJEET SINGH ....Respondent Through: Mr. Abhishek Kumar and Mr.

Shrish, Advs along with the Respondent in-person.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

1. Through the present Appeal, the Defendant [Appellant herein] assails the correctness of judgement dated 17.10.2023 [hereinafter referred to as „Impugned Judgment‟] passed by the learned Trial Court allowing the commercial suit filed by the Plaintiff [Respondent herein], seeking the relief for a recovery of Rs.6,00,000/- along with pendente lite and future interest @ 10% p.a. till its realisation.

2. For sake of convenience, the parties before this court shall be referred to in accordance with their status before the Trial Court.

FACTUAL MATRIX:

3. The Plaintiff is engaged in the business of movers and packers, under the name and style of M/s Sikka Packers & Movers. The Defendant approached the Plaintiff at their office (No.36, Ram Vihar, Near Anand Vihar Petrol Pump, Delhi-110092), for shifting of their furniture/articles/material from the Defendant‟s previous office, i.e., st

174, Golf Links, 1 Floor, New Delhi-110003, to the Plaintiff‟s place. An agreement was entered into to this effect, under which the Defendant was obligated to pay monthly rent of Rs.25,000/- to the Plaintiff, until the Defendant retrieves the said goods.

4. Pursuant to the said agreement, on 23.06.2017, the Plaintiff through its associates/employees, duly shifted the furniture/material/articles belonging to the Defendant from their above-mentioned address and stored the same at the Plaintiff‟s godown.

5. On account of non-payment of rent amount by the Defendant, for the period from December 2017 till August 2018, the Plaintiff filed a suit for recovery of Rs.1,25,000/- vide suit, bearing No. CS (COMM) 416/2018 against the Defendant. Therein, the Defendant compromised/settled the matter with the Plaintiff and in terms of the document signed between Plaintiff and Defendant on 23.08.2018 paid the balance rent of Rs.2,25,000/- to the Plaintiff. Pursuant thereto, the Plaintiff withdrew the aforesaid suit on 17.09.2018.

6. Subsequently, the Defendant once again, failed to pay the rent owed to the Plaintiff since October, 2019, compelling the Plaintiff to file a commercial suit for recovery of Rs.4,00,000/- including the rent owed from October, 2019 to January, 2021, vide suit, bearing No. CS (COMM) 139/2021. This suit was decreed by the Trial Court, in favour of the Plaintiff. In accordance with this decree, the Execution proceedings were filed, which has been pending for disposal and the Defendant has not challenged the said decree till date.

7. Owing to the Defendant‟s persistent default in making the payment of monthly rent amount of Rs.25,000/-to the Plaintiff, despite repeated requests, the Plaintiff also initiated a Pre-institution Mediation Application before the Ld. Secretary, DSLSA, District Sahadara, Karkardooma Court, under Section 12A of the Commercial Court Act, 2015 [hereinafter referred to as „CCA‟], but the Defendant did not appear therein.

8. Accordingly, the Plaintiff instituted the civil commercial suit, i.e., CS (COMM) 193/2023, seeking the following reliefs:-

“I. Pass a decree for recovery of RS.6,00,000/-along with litigation cost, pendente-lite expenses and future interest @ 18 % per annum, till the date of realisation of the amount, in favour of the Plaintiff against the Defendant.

II. Award the costs of the present suit along with the legal professional charges vide certificate of counsel for the Plaintiff to be filed as per direction of this Hon‟ble Court, in favour of the Plaintiff and against the Defendants.

III. Pass such other or further