Disposed

Kiran Sehgal v. M/S Anand Divine Developers Pvt. Ltd. & Ors.

Delhi HC18 Feb 2026OMP (ENF.) (COMM.)/132/2022

Case brief

AI extract

What is this about?

Enforcement petition where judgment debtors paid the agreed sum late and in tranches, breaching a consent order dated 18.12.2024. The court held interest at 18% from 30.01.2022 was payable on delayed amounts and that the breach amounted to contempt by breach of undertaking, disposing of the petition accordingly.

What did the court decide?

Direction that judgment debtors pay interest @18% from 30.01.2022 on delayed payments; petition disposed of along with pending applications.

Kiran Sehgal Vs M/S Anand Divine Developers Pvt. Ltd… — Execution and Attachment | Delhi HC (2026)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- OMP (ENF.) (COMM.) 132/2022 & EX.APPL.(OS) 3126/2022, EX.APPL.(OS) 3705/2022, EX.APPL.(OS) 234/2026 KIRAN SEHGAL .....Decree Holder

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Through: Ms. Palkriti N. Pande, Advocate

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versus

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M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.

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.....Judgement Debtors

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Through:

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 18.02.2026

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On 18.12.2024 this Court passed the following Order:-

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“1. After some hearing, the decree holder who is present in person and the learned counsel for the judgment debtors, on instructions, have agreed as under:

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(i) that on or before 31.03.2025, the judgment debtors shall clear all the outstanding/s payable to the ICICI Bank in respect of the loan availed by the decree holder from the ICICI Bank, pursuant to the agreement dated 04.08.2014 entered into between the decree holder and M/s Anand Divine Developers Pvt. Ltd. The judgement debtors shall be jointly and severally liability to pay the entire outstanding dues of ICICI Bank. It is assured and undertaken on behalf of the judgement debtors, on instructions, that till all the outstanding dues are discharged and the loan is foreclosed, the respondents/judgment debtors

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Page 1 of 6

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OMP (ENF.) (COMM.) 132/2022

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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 28/02/2026 at 12:37:23

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shall continue to pay the EMIs to ICICI Bank. It is further assured and undertaken that the loan account shall be closed latest by 31.03.2025.

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(ii) it is agreed that on or before 31.03.2025, the judgment debtors shall pay an amount of Rs. 1,73,73,157/- to the decree holder. The judgment debtors shall be jointly and severally liable to pay the said amount to the decree holder. In the event of non-payment on or before 31.3.2025. the amount shall carry interest @ 18% with effect from 30.01.2022 i.e. the date on which the liability under Samadhan Agreement entered into between the parties, was to be discharged.

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2. It is further agreed that besides other consequences, any lapse on the part of the judgement debtors in complying with the aforesaid directions shall be construed as egregious contempt of order/s of this Court, for which the judgment debtors shall be liable to face appropriate action under the Contempt of Court Act, 1971.

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3. List for reporting compliance on 09.04.2025.”

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A perusal of Paragraph 1(ii) of the said Order indicates that it was agreed by the parties, i.e., between the Decree Holder and the Judgment Debtor, that on or before 31.03.2025, the Judgment Debtor was bound to pay a sum of Rs. 1,73,73,157/- to the Decree Holder and in the event of nonpayment on or before 31.03.2025, the amount was to carry interest @18%, with effect from 30.01.2022.

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It is stated by the learned Counsel for the Decree Holder that the amount of Rs. 1,73,73,157/- was not paid on or before 31.03.2025 and the amount was paid in separate tranches. The manner in which the amount of

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Page 2 of 6

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OMP (ENF.) (COMM.) 132/2022

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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 28/02/2026 at 12:37:23

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Rs.1,73,73,157/- was paid to the Decree Holder is reproduced as under:-

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Page 3 of 6

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OMP (ENF.) (COMM.) 132/2022

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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 28/02/2026 at 12:37:23

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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 28/02/2026 at 12:37:23

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Page 4 of 6

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OMP (ENF.) (COMM.) 132/2022

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The Order dated 18.12.2024 indicates that the Judgment Debtor is obliged to pay interest on the delayed payment from 30.01.2022, till the date on which amounts have been paid to the Decree Holder. The Judgment Debtor will have to pay interest on delayed payments.

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It is ordered accordingly.

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Needless to state, it is always open to the Judgment Debtor to get a clarification of the Order dated 18.12.2024.

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In any event, the Order dated 18.12.2024 also makes it clear that any

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Page 5 of 6

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OMP (ENF.) (COMM.) 132/2022

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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 28/02/2026 at 12:37:23

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delay shall amount to contempt of Court, as a breach of undertaking. In the opinion of this Court, the said Order has already been breached by the Judgment Debtor.

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The Petition is disposed of in terms of the above observations, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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FEBRUARY 18, 2026 hsk

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Page 6 of 6

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OMP (ENF.) (COMM.) 132/2022

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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 28/02/2026 at 12:37:23

Kiran Sehgal v. M/S Anand Divine Developers Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Kiran Sehgal v. M/S Anand Divine Developers Pvt. Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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