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Delhi High Court
Eros City Developers Pvt. Ltd vs Smt. Gina Singh Choudhary & Anr on 2 April, 2026
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 02nd April, 2026
+ CM(M) 3147/2024, CM APPL. 81325/2025 & CM APPL. 81341/2025
EROS CITY DEVELOPERS PVT. LTD .....Petitioner
Through: Mr. Akhil Sibal, Sr. Advocate with
Mr. Vikas Mishra, Mr. Krishnesh B.,
Mr. Sanchit G. and Mrs. Sarah Haque,
Advocates.
versus
SMT. GINA SINGH CHOUDHARY & ANR. .....Respondents
Through: Mr. Deepanshu Jain, Mr. Shaantanu
Jain and Ms. Jahanvi Khanna,
Advocates along with respondents in
person through VC.
CORAM:
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER (Oral)
Rajneesh Kumar Gupta, J.
1. This hearing has been conducted through hybrid mode.
2. The present petition has been filed under Article 227 of the
Constitution of India, 1950, assailing the impugned orders dated 09th July,
2024, passed by the learned National Consumer Disputes Redressal
Commission in First Appeal No. 432/2024 and 30th April, 2024, passed by the
learned Delhi State Consumer Disputes Redressal Commission, in Consumer
Complaint No. 324/2016 respectively.
3. During the pendency of the present petition, the parties have entered
into a settlement vide settlement agreement dated 19th December, 2025.
Thereafter, a joint application being CM APPL. 81325/2025 has been filed on
behalf of the parties seeking, inter alia, the following reliefs:
"a) Allow the present Petition and accordingly,
quash/set-aside the following Orders in terms of the
Settlement Agreement dated 19.12.2025: (i)Order dated
09.07.2024 passed by the Hon'ble National Consumer
Disputes Redressal Commission in First Appeal No. 432 of
2024 titled 'Eros City Developers Pvt. Ltd. v. Smt. Gina Singh
Chaudhary and Anr; and (ii) Order dt. 30.04.2024 passed by
the Ld. Delhi State Consumer Disputes Redressal
Commission, New Delhi in Consumer Complaint No. 324 of
2016 titled 'Smt. Gina Singh Chaudhary & Anr. v. Eros City
Developers Pvt. Ltd.';"
4. The settlement agreement dated 19th December, 2025 has also been
placed on record. The relevant paragraph no. 7 of the agreement reads as
follows:
"7. Upon execution of the present Settlement Agreement/MoU
and receipt of the aforementioned settlement amount, the
Parties agree and confirm the following with respect to the
Original Consumer Complaint. Judgment dated 30.04.2024
passed therein, First Appeal, Order dated 09.07.2024 passed
therein, High Court Petition and Execution Petition:
(i) The Second Parties hereby unconditionally withdraw
the Original Consumer Complaint (Consumer
Complaint No.324/2016 titled as Ms Gina Singh
Choudhary and Another vs. Eros City Developers
Private Limited') filed before the Id. State Commission,
Delhi;
(ii) The Second Parties agree and confirm that in view
of aforesaid unconditional withdrawal of the Original
Consumer Complaint the Judgment dated 30.04.2024
passed by the Ld. State Commission in the Original
Consumer Complaint (detailed above) has become
infructuous with no legal effect and shall not be
enforced by them in any manner;
(iii) The Second Parties further agree and confirm that
in view of aforesaid unconditional withdrawal of the
Original Consumer Complaint the Order dated
09.07.2024 passed by the Hon'ble National
Commission in the First Appeal Complaint (First
Appeal No.432 of 2024, titled "Eros City Developers
Private Limited vs. Ms. Gina Singh Choudhary and
Another") has become infructuous with no legal effect
and shall not be enforced by them in any manner;
(iv) The Second Parties also agree that in view of
aforesaid unconditional withdrawal ofthe Original
Consumer Complaint they have no objection to the
reliefs sought by the First Party in the High Cour
Petition and accordingly, the Judgment dated
30.04.2024 passed by the Ld. State Commission in
Consumer Complaint No.324/2016 titled as Ms. Gina
Singh Choudhary and Another vs Eros City Developers
Private Limited" and the Order dated 09.07.2024
passed by the Hon'ble National Commission in the First
Appeal Complaint (First Appeal No.432 of 2024. titled
("Eros City Developers Private Limited vs. Ms. Gina
Singh Choudhary and Another") be set aside as prayed
for in the High Court Petition;
(v) The Second Parties hereby undertakes to
unconditionally withdraw the Execution Petition
(Execution Petition dated 13.01.2025, bearing No.
SC/7/EA/6/2025, titled "Gina Singh Choudhary and
Another vs Eros City Developers Private Limited") filed
before the Ld. State Commission, Delhi;"
5. The respondents have appeared through VC and learned Counsel for
the respondents have submitted that the present petition may be disposed of in
terms of the settlement agreement, as all the terms and conditions thereof
have been duly complied with.
6. Learned Counsels for the parties have placed reliance upon the
judgment of Hon'ble Supreme Court in SLP (C) No. 25905/2024 titled Bipin
Bihari Sinha @ Bipin Prasad Singh v. Harish Jaiswal and the judgment of
Hon'ble High Court of Kerala at Ernakulam in RFA No. 837/2015 titled as
Vinod and Ors. v. Prakashan and Anr. to support their prayer as made in the
joint application.
7. In view of the aforesaid settlement agreement particularly paragraph
no. 7 of the said agreement, the petition is allowed and the impugned orders
dated 09th July, 2024 and 30th April, 2024 are set aside.
8. The next date of hearing i.e. 06th May, 2026 stands cancelled.
CM APPL. 81331/2025 (for directions)
9. The present joint application has been filed on behalf of the parties
under Article 227 of the Constitution of India, 1950 read with Section 151 of
Code of Civil Procedure, 1908, seeking release of an amount of Rs.
41,80,998/- to the petitioner, deposited in terms of order dated 09th August,
2024 passed by this Court.
10. Learned Counsel for the respondents submits that the respondents have
no objection if the present application is allowed, as the matter has been
settled between the parties, and the said amount be released to the petitioner
as prayed in the application.
11. Keeping in view the submissions made by learned Counsel for the
parties, the present application is allowed and learned State Commission to
release the amount of Rs. 41,80,998/- to the petitioner.
RAJNEESH KUMAR GUPTA, J
APRIL 02, 2026/MR/ik
