Municipal Corporation Of Delhi & ANR. v. Jaswant Singh Dabas

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 100/2026, CM APPL. 10384/2026, CM APPL. 10385/2026, CM APPL. 10386/2026, CM APPL. 10387/2026 & CM APPL. 10388/2026 MUNICIPAL CORPORATION OF DELHI & ANR.

.....APPELLANTS Through:

Mr. Rajan Tyagi, SC with Ms. Vijeta Mukherjee, Adv. with Mr. Sachin Monga, AE/MCD versus JASWANT SINGH DABAS .....RESPONDENT Through:

None

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR

O R D E R

% 25.03.2026 1.

Mr. Rajan Tyagi, learned Standing Counsel for the appellant argued that the learned District Judge, (Commercial Court)-01, Central District, THC, Delhi has erred in issuing direction to the appellant to pay interest at the rate of 9% on the sum of Rs.97,74,015/-.

2.

He submitted that the contract executed between the appellant and the respondent does not contain any stipulation regarding interest and hence, the order of the learned Commercial Court, to the extent of payment of interest, is liable to be set aside.

3.

Before directing upon merits of the present case, we want to point out 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 30/03/2026 at 17:38:06

that there is a delay of 75 days in filing the present appeal. 4.

We have examined the impugned order dated 30.08.2025 and heard learned counsel for the appellant on merit. So far as the principal amount is concerned, there is no challenge. The only ground for which the present appeal has been preferred is with regard to interest to the tune of Rs.5,46,000/-.

5.

According to us, the stipulation regarding interest is not required to be made in the agreement and even in the absence of an agreement between the parties about payment of interest, once the amount has been withheld or paid belatedly, interest is a natural consequence. 6.

Unless the delay in the payment itself is not disputed, the judgment debtor cannot contend that the interest could not have been awarded. 7.

Considering that interest at the rate of 9% has been awarded that too from the date of filing of the suit, we do not find it to be a case warranting our interference.

8.

Appeal, therefore, fails.

9.

All pending applications stand disposed of.

DINESH MEHTA, J VINOD KUMAR, J MARCH 25, 2026/cd 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 30/03/2026 at 17:38:06