Disposed

Nirulas Corner House Pvt. Ltd. v. Kap Cones Pvt. Ltd.

Delhi HC21 Jan 2026RFA/654/2023

Case brief

AI extract

What is this about?

Application by the respondent/decree holder under Section 151 CPC sought release of the deposited decretal amount with interest after modification of the trial court's compound-interest award to simple interest on appeal. The appellant had no objection except to any excess being returned.

What did the court decide?

Decretal amount released to the respondent in terms of the modified decree dated 21.01.2026; any excess to be refunded to the appellant.

Nirulas Corner House Pvt. Ltd. Vs Kap Cones Pvt. Ltd. — Execution and Attachment | Delhi HC (2026)

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 654/2023

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NIRULAS CORNER HOUSE PVT LTD

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.....Appellant Through: Mr. Anand Awasthi and Ms. Chetanya Puri, Advocates. versus KAP CONES PVT LTD

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.....Respondent Through: Mr. Mohit Chaudhary, Mr. Kunal Sachdeva, Mr. Lakshay Yadav and Ms. Arpita Goyal Advocates.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 10.03.2026

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CM APPL. 14268/2026 ( under Section 151 CPC on behalf of the Respondent/Decree Holder seeking Release of the Decretal amount with accrued Interest )

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An Application has been filed on behalf of the Respondent for release of the Decretal amount along with interest as has been deposited by the Appellant.

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It is submitted that the learned District Judge had decreed the Suit of the Defendant vide Judgment dated 12.05.2023 for the principle sum of Rs.3,11,363.86 along with the interest @ 9% to be compounded annually. The present Appeal was preferred which has been decided vide Order dated 21.01.2026 with the modification that the interest shall be calculated as Simple Interest instead of Compound Interest. A prayer is, therefore, made

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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 12/03/2026 at 13:36:53

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that the amount so deposited by the Appellant be released in favour of the Respondent.

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The learned counsel for the Appellant who has appeared on advance Notice states that since the amount had been deposited in terms of the Decree dated 16.08.2023, there would be some amount which would be in excess of what, has been finally awarded in the Final Decree. It is submitted that the Appellant has No Objection to the release of the amount in terms of the Decree dated 16.08.2023 and modified Decree dated 21.01.2026, except that the excess amount may be released to the Appellant.

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Submissions heard and record perused .

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In view of the aforesaid the Decretal amount in terms of the modified Decree dated 21.01.2026 be released to the Respondent. In case there is any excess amount, the same be returned to the Appellant.

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The Application stands disposed of accordingly.

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NEENA BANSAL KRISHNA, J

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MARCH 10, 2026/va

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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 12/03/2026 at 13:36:53

Nirulas Corner House Pvt. Ltd. v. Kap Cones Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Nirulas Corner House Pvt. Ltd. v. Kap Cones Pvt. Ltd.

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

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