SRK MAX HOSPITAL AND ORS vs MAX HEALTHCARE INSTITUTE LIMITED

IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(COMM) 339/2025, CM APPL. 35772/2025 & CM APPL. 35773/2025 SRK MAX HOSPITAL AND ORS .....Appellants Through: Mr. Rishi Kapoor, Mr. Azad Bansala and Mr. Yash Gupta, Advocates versus MAX HEALTHCARE INSTITUTE LIMITED .....Respondent Through: Mr. Raunaq Kamath, Mr. Siddhart Varshney and Mr. Yas Raj, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.07.2025 C. HARI SHANKAR, J. 1. This appeal assails judgment and decree dated 1 May 2025 passed by the learned District Judge (Commercial Courts)1 whereby the learned Commercial Court has decreed CS (Comm) 475/20242, in the following terms: “26. Suit is decreed with cost whereby: (1) Decree for permanent injunction is passed 1 “learned Commercial Court”, hereinafter 2 Max HealthCare Institute Ltd v SRK Max Hospital & ors. 2. Additionally, the learned Commercial Court has also decided applications filed by the respondent, as the plaintiff in the suit, under Order XXXIX Rule 2A of the CPC. The decision of the learned Trial Court in that regard reads thus: “22. It was further submitted by Ld. counsel for plaintiff that the orders for payment of pu