Hewepro Capital Private Limited & Anr. v. Aif Pms Experts India Pvt. Ltd. & Anr.

Delhi HC25 Nov 2025CS(COMM)/79/2023

Case brief

AI extract

What is this about?

Settlement decree; compromise decree; Order XXIII Rule 3 CPC; Section 151 CPC; Section 89 CPC; Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd. (2010) 8 SCC 24; Settlement Agreement dated 01.08.2025; Hewepro Capital Private Limited; AIF PMS Experts India Pvt Ltd; CS(COMM) 79/2023; I.A. 29413/2025; Delhi High Court; Justice Manmeet Pritam Singh Arora; Exhibit-C; clauses 7 and 8; suit decreed in terms of settlement; pending applications disposed; future dates cancelled.

What did the court decide?

Captioned suit CS(COMM) 79/2023 decreed in terms of the Settlement Agreement dated 01.08.2025; Settlement Agreement marked Exhibit-C and directed to form part of the decree; Registry directed to prepare the decree; pending applications disposed of; future dates cancelled. ¶¶28

Hewepro Capital Private Limited & Anr. Vs Aif Pms Experts India Pvt. Ltd. & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compromise between the parties contained in the Settlement Agreement dated 01.08.2025 satisfies the requirements of Order XXIII Rule 3 CPC such that the suit may be decreed in terms of the settlement.

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Court's answer

The Court is satisfied that the compromise between the parties as contained in the Settlement Agreement dated 01.08.2025 satisfies the requirements of Order XXIII Rule 3 CPC.

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Ratio / Principle

The compromise contained in the Settlement Agreement dated 01.08.2025 is lawful and the Court finds no impediment in decreeing the captioned suit in terms of it.

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Key takeaways

The statements and undertakings given by the parties are accepted by the Court and the parties are held bound by the same.ratio¶¶27
The captioned suit is decreed in terms of the Settlement Agreement dated 01.08.2025; the agreement filed with the application is marked Exhibit-C, shall form part of the decree, and the Registry is directed to prepare the decree accordingly.ratio¶¶28

Detailed headnote1 paragraphs

Delhi High Court (Manmeet Pritam Singh Arora, J.) decreed commercial suit CS(COMM) 79/2023 — Hewepro Capital Private Limited & Anr. v. AIF PMS Experts India Pvt Ltd & Anr. — in terms of the Settlement Agreement dated 01.08.2025 on a joint application (I.A. 29413/2025) under Order XXIII Rule 3 read with Section 151 CPC moved by the plaintiffs and defendant no. 1. Relying on Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Court held that a settlement agreement should be placed before the Court for recording and a decree made in its terms under Order XXIII Rule 3 CPC; found the compromise lawful and satisfying the requirements of Order XXIII Rule 3 CPC; accepted the parties' statements and undertakings (obligations under clauses 7 and 8 of the Settlement Agreement to be performed after the order); marked the Settlement Agreement as Exhibit-C; directed the Registry to prepare a decree incorporating the agreement; disposed of pending applications and cancelled future dates.

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$~19 (25.11.2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 79/2023 & I.A. 2797/2023 I.A. 13772/2023 I.A. 17979/2023 I.A. 25126/2023 I.A. 29413/2025

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HEWEPRO CAPITAL PRIVATE LIMITED & ANR.

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.....Plaintiffs

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Through: Mr. Raghav Bhalla, Ms. Aparna Sharma, Mr. Bhavesh, Advocates

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versus

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AIF PMS EXPERTS INDIA PVT LTD & ANR.

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.....Defendants

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Through: Ms. Meenakshi Ogra, Mr. Tarun Khurana, Mr. Samrat S Kang, Mr. Vishnu Gambhir, Ms. Chaavi Pande, Mr. Ritvit Jha, Advs.

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 26.11.2025

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This matter is taken up today on account of public holiday declared on 25.11.2025 on the occasion of 350^th anniversary of ‘Guru Teg Bahadur’s Martyrdom Day’.

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I.A. 29413/2025 (under Order XXIII Rule 3 read with Section 151 CPC)

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This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], jointly filed by the plaintiffs and defendant no. 1 for recording of the settlement between the parties and for passing of a decree in terms of the Settlement Agreement dated 01.08.2025.

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Settlement Agreement dated 01.08.2025 executed between the parties

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CS(COMM) 79/2023 Page 1 of 3

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This is a digitally signed order.

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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 03/12/2025 at 11:52:08

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has been received from the Registry.

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Learned counsel for the plaintiffs and defendant no. 1 state that all obligations under the settlement agreement dated 01.08.2025 have been performed by the parties except the obligations under clauses 7 and 8 of the Settlement Agreement dated 01.08.2025 which will be performed after passing of the order today. They state that parties undertake that shall remain bound by the terms of the Settlement Agreement dated 01.08.2025.

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This Court has heard the learned counsel for the plaintiffs and the defendant no. 1 and perused the Settlement Agreement dated 01.08.2025. 5. The Supreme Court in Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.¹ , while dealing with the Section 89 of CPC has observed that a Settlement Agreement executed between the parties should be placed before the Court for recording it and disposing of the suit in its terms. And, while dealing with the settlement the Court should apply the Order XXIII Rule 3 CPC and make a decree in terms of the settlement in regard to the subject matter of the suit, to make such settlement effective. 6. This Court is satisfied that the compromise between the parties as contained in the aforesaid Settlement Agreement dated 01.08.2025 satisfies the requirements of Order XXIII Rule 3 CPC. 7. The compromise contained in the aforesaid Settlement Agreement dated 01.08.2025 is lawful and therefore, this Court does not find any impediment in decreeing the captioned suit in terms of the aforesaid Settlement Agreement dated 01.08.2025. 8. The statements and undertaking given by the parties are accepted by

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1 (2010) 8 SCC 24.

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CS(COMM) 79/2023 Page 2 of 3

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This is a digitally signed order.

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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 03/12/2025 at 11:52:08

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this Court and the parties are held bound by the same.

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Consequently, the captioned suit is decreed in terms of the Settlement Agreement dated 01.08.2025 executed between the parties. Settlement agreement filed along with the captioned application is marked as Exhibit-C . 10. The Registry of this Court is directed to prepare a decree in terms of this order and is directed that the Settlement Agreement dated 01.08.2025 shall form part of the said decree.

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Pending applications, if any, stand disposed of.

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Future dates, if any, stand cancelled.

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The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

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MANMEET PRITAM SINGH ARORA, J

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NOVEMBER 26, 2025 /mt/IB

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CS(COMM) 79/2023 Page 3 of 3

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This is a digitally signed order.

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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 03/12/2025 at 11:52:08

Hewepro Capital Private Limited & Anr. v. Aif Pms Experts India Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Hewepro Capital Private Limited & Anr. v. Aif Pms Experts India Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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