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

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 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.