M/S THEMISIS MEDICARE LTD. vs M/S. DYNAMIC LABELS AND PACKAGING

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20.02.2025 + CM(M) 352/2025 & CM APPL. 10381/2025 STAY M/S THEMISIS MEDICARE LTD. .....Petitioner Through: Mr. Vaibhav, Advocate versus M/S. DYNAMIC LABELS AND PACKAGING .....Respondent Through: CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Article 227 of the Constitution of India challenging the orders dated 24.08.2015 and 14.11.2024 passed by the learned District Judge, North Rohini Courts in CS DJ/58736/2016 whereby the application under Order VII Rule 11 CPC filed by the petitioner has been dismissed. 2. In a nutshell, the brief facts are that the respondent filed a suit for recovery of Rs.11,72,883/- against the petitioner claiming that the petitioner had placed purchase orders and after satisfactory completion, the respondent raised bills. Despite partial payment, Rs.8,62,413/- remained due to the respondent. CM(M) 352/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:24.02.2025 12:06:50 3. The petitioner filed written statement objecting to the maintainability of the suit claiming that it was barred by limitation as the business transactions took place between April 2010 and June 2011 but the suit was filed in October 2014. 4. The trial court framed the issue of limitation as a preliminary issue, and after hearing arguments ruled that the decision on the question of limitation requires evidence, thereby dismissing the petitioner’s objection. 5. Subsequently, the petitioner filed an application under Order VII Rule 11 CPC for rejection of the plaint on the ground of limitation. Trial court dismissed the application on 14.11.2024 relying on its previous order dated 24.08.2015. Feeling aggrieved by both