Dace Energy Private Limite v. Galaxy Automobiles Private Limited And ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21.07.2025 + RFA(COMM) 140/2025 & CM APPL. 14398/2025, CM APPL. 14399/2025, CM APPL. 14400/2025, CM APPL. 14401/2025 DACE ENERGY PRIVATE LIMITE .....APPELLANT Through:

None.

versus GALAXY AUTOMOBILES PRIVATE LIMITED AND ANR .....RESPONDENTS Through:

Mr. Vipin Singhania, Adv for R-1.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1.

None is appearing for the appellant.

2.

The learned counsel for respondent no.1 submits that in the meantime, the parties have amicably settled their disputes in Execution (Comm) No. 390/2024, which inter alia seeks enforcement of the Impugned Judgment and Decree dated 09.05.2024 passed by the District Judge, Commercial Court-04, West District, Tis Hazari Courts, Delhi. In terms of the said settlement, a total sum of ₹14,00,000/- (Rupees Fourteen Lakhs only) is to be paid by the appellant to respondent no. 1, out of which a sum of ₹2,00,000/- (Rupees Two Lakhs only) was handed over on 12.07.2025 by way of a cheque.

Signed By:PRIYADARSHANI JAIN 15:26:45 RFA(COMM) 140/2025 Page 1 of 2

3.

On 16.07.2025, the statement of the Director of the appellant company was also recorded, who stated that the appellant shall make the remaining payment to the respondent no.1 through NEFT. 4.

The Execution Petition has now been adjourned to 24.07.2025 for settlement/further proceedings.

5.

The learned counsel for the respondents submits that he has instructions to state that the respondent no.1 is agreeable to the terms of settlement and shall be withdrawing his Execution Petition on the next date, subject to the appellant adhering to its undertaking to make the balance payment.

6.

It appears that because of the settlement between the parties, none is appearing for the appellant. The appeal is, accordingly, dismissed for non-prosecution. The pending applications are disposed of as infructuous.

NAVIN CHAWLA, J RENU BHATNAGAR, J JULY 21, 2025 Sk/kz/SJ Signed By:PRIYADARSHANI JAIN 15:26:45 RFA(COMM) 140/2025 Page 2 of 2