SHASMITH TECHNOLOGIES PRIVATE LIMITED vs MAX HEALTHCARE INSTITUTE LIMITED

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th March, 2025 CM(M) 426/2023 SHASMITH TECHNOLOGIES PRIVATE LIMITED .....Petitioner Through: Mr. M. Shaz Khan & Mr. Talha Abdul Rahman, Advocates versus MAX HEALTHCARE INSTITUTE LIMITED .....Respondent Through: Mr. Siddharth Varshney and Mr. Yash Raj, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 17459/2025 Exemption allowed, subject to all just exceptions. CM(M) 426/2023 & CM APPL. 17458/2025 1. Petitioner seeks stay of the proceedings pending before the learned Trial Court. 2. According to him, matter is fixed for arguments on application moved under Order XIII-A CPC for deciding whether the plaintiff is entitled to summary judgment or not and, in case such application is decided in favour of the plaintiff, the present petition would become infructuous. 3. The matter is reportedly coming up for further hearing before the learned Trial Court on 29th instant. 4. Since learned counsel for respondent is also present, with the consent of the learned counsel for the parties, the main petition as such has been taken up for consideration. 5. Petitioner, who is defending a commercial suit, is agg