T.R. CHADHA AND CO. LLP. vs SATYANARAYAN JHUNJHUNWALA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24.04.2025 C.R.P. 351/2023 & CM Appls.61643/2023, 16120/2024 T.R. CHADHA AND CO. LLP. .....Petitioner Through: Ms. Samapika Biswal, Adv. versus SATYANARAYAN JHUNJHUNWALA & ORS. .....Respondents Through: Mr. Mohit Chaudhary, Mr. Kunal Sachdeva and Ms. Nimmi Babu, Advs. for R-1 and 2. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the order dated 26.07.2023 [hereinafter referred to as “Impugned Order”] passed by the learned Additional District Judge-01, North East, Karkardooma Courts, New Delhi. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioner (Defendant No. 1 before the learned Trial Court) [hereinafter referred to as the “Application”] has been dismissed. 2. The challenge that has been raised by the learned Counsel for the Petitioner before this Court is two-fold. Firstly, she submits that the suit is barred by law and secondly, that the suit is bereft of any cause of action. In support of its contentions, lear