PLANET ADVERTISING PRIVATE LIMITED vs MS AMBIENCE PVT LTD ANDORS & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02nd JULY, 2025 IN THE MATTER OF: + RFA(COMM) 182/2023 PLANET ADVERTISING PRIVATE LIMITED .....Appellant Through: Mr. Nalin Kohli, Sr. Advocate with Mr. Suraj Raj Kesherwani, Mr. Manu Kumar, Ms. Kavya Kumar, Ms. Nimisha Menon, Advocates Mr Akash Sharma, Advocate versus MS AMBIENCE PVT LTD & ORS ......Respondents Through: Mr P. K. Agrawal, Ms Sanjoli Gupta, Mr Akshay Chitkara, Mr Rishabh Tomar, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J. 1. The present appeal under Section 13 of the Commercial Courts Act, 2015 has been filed by the Appellant challenging the Order dated 28.04.2023, passed by the learned District Judge, Commercial Courts – 02, South District, Saket Court, in CS DJ 862/2018. Vide the impugned Order, the learned District Judge has dismissed the Suit on the ground that the Suit is barred by limitation. 2. Shorn of unnecessary details, the facts, leading to the present Appeal, are as under: Signature Not Verified Digitally Signed RFA(COMM) 182/2023 Page 1 of 18 By:SHAZAAD ZAKIR Signing Date:04.07.2025 12:37:56 a. It is the case of the Plaintiff/Appellant herein that the Defendants/Respondents herein placed a purchase order dated 10.06.2014 with the Plaintiff/Appellant to display their advertisements. It is the case of the Plaintiff/Appellant that pursuant to the purchase order, the Plaintiff/Appellant prepared the campaign and updated the Defendants/Respondents with the campaign held in the month of June, 2014 by sending them emails along with the complete set of photographs for each of the sites displayed. It is stated that Plaintiff/Appellant raised its first invoice for the month of June, 2014 vide Bill No.1