M/S Vimal Plast India Pvt. Ltd. Vs M/S M. D. Graphicspvt. Ltd. — Delhi HC (2025) — LawSathi Research

M/S Vimal Plast India Pvt. Ltd. Vs M/S M. D. Graphicspvt. Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of on the limited question; decree sheet to be prepared in terms of the order, adjusting the received cheque amount of Rs. 2,22,121/- (dishonoured cheque dated 30.06.2019) from the decreetal amount, with the balance due and payable under the decree.

Issue for consideration

Whether the amount received by the respondent against the dishonoured cheque dated 30.06.2019 is required to be adjusted from the decretal amount, and the decree modified to that extent (sole point to which the appeal was limited at the notice stage).

Court's answer

The appeal is disposed of, with the decree sheet to be prepared in terms of the order (i.e., incorporating the adjustment conceded by the parties).

Ratio / Principle

As conceded before the Court, the amount of the dishonoured cheque dated 30.06.2019 is Rs. 2,22,121/-, has been received by the respondent, and is required to be adjusted from the decreetal amount, the balance amount being due and payable under the judgment decree dated 20.08.2023.

Key takeaways

The respondent (Mr. Garg conceding) acknowledged that the cheque amount of Rs. 2,22,121/- dated 30.06.2019 has been received by the respondent.ratio¶18

Detailed headnote1 paragraphs

RFA(COMM) 32/2024 (Delhi High Court; coram: V. Kameswar Rao and Vinod Kumar, JJ.; order dated 13.10.2025): At notice (05.02.2024) the appeal against the decree dated 28.08.2023 of the District Judge, Commercial Court, North Rohini, Delhi was limited to whether the amount received against the dishonoured cheque dated 30.06.2019 must be adjusted from the decretal amount. Both counsel conceded the cheque amount is Rs. 2,22,121/- and that the respondent received it, relying on the settlement order dated 10.11.2022 in Complaint Case No. 4437/2019 (MM-04, North Rohini) wherein a cheque of Rs. 2,22,121/- with Rs. 22,000/- further compensation was handed over to the complainant's AR. Respondent's counsel agreed the amount be adjusted from the decreetal amount, the balance remaining payable under the decree. Appeal disposed of; decree sheet to be prepared in terms of the order.

$~31

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA(COMM) 32/2024 CM APPL. 6944/2024

M/S VIMAL PLAST INDIA PVT. LTD. .....APPELLANT Through: Ms. Kajal S Gupta, Ms. Urvashi Chauhan, Advs.

versus

M/S M. D. GRAPHICSPVT. LTD. .....RESPONDENT Through: Mr. Sanjay Garg, Adv.

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR

O R D E R % 13.10.2025

The appeal lays a challenge to the judgment/decree dated 28.08.2023 passed by the learned District Judge, Commercial Court, North Rohini, Delhi on 28.08.2023. This Court while issuing notice on the appeal vide order dated 05.02.2024 has limited the appeal only to the extent whether the amount received by the respondent, if any, against the dishonoured cheque dated 30.06.2019 is required to be adjusted from the decretal amount and the decree is required to be modified to that extent.

It is conceded by Ms. Kajal S Gupta, learned counsel for the appellant and Mr. Sanjay Garg, learned counsel for the respondent that the amount of dishonoured cheque dated 30.06.2019 is Rs. 2,22,121/-. In fact, she draws our attention to order dated 10.11.2022 passed in Complaint Case No. 4437/2019 M/s. M D Graphics Pvt. Ltd. v. Vimal Plast Pvt. Ltd. & Ors . by

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 15/10/2025 at 12:15:25

the MM-04, North Rohini, Delhi which reads as under:

“It is submitted by the AR of the complainant he has settled the present case with the accused.

At this stage, Ld. Counsel for accused has presented a cheque for the amount of Rs. 2,22,121/- along with further compensation of Rs. 22,000/-. Same is handed over to the AR of the complainant.

Statement of AR of the complainant is recorded qua the settlement.

Put up for verification of encashment of cheque on 26/11/2022.”

Mr. Garg concedes that the amount of Rs. 2,22,121/- i.e. the amount of the cheque dated 30.06.2019 has been received by the respondent herein.

He also states that the said amount is required to be adjusted from the decreetal amount. In other words, that balance amount is due and payable under the judgment decree dated 20.08.2023.

The appeal is disposed of. The decree sheet shall be prepared in terms of this order.

V. KAMESWAR RAO, J

VINOD KUMAR, J

OCTOBER 13, 2025 rt

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 15/10/2025 at 12:15:25