SHASMITH TECHNOLOGIES PRIVATE LIMITED vs MAX HEALTHCARE INSTITUTE LIMITED

Judgment text excerpt

$~56 * 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. Signature Not Verified Digitally Signed CM(M) 426/2023 1 By:SONIA THAPLIYAL Signing Date:27.03.2025 15:00:57 5. Petitioner, who is defending a commercial suit, is aggrieved by order dated 15.02.2023 passed by the learned Trial Court whereby his application moved under Order VII Rule 11 CPC has been dismissed. 6. The prime grievance raised by the petitioner/defendant is to the effect that there is no compliance of mandatory provision of Section 12A of Commercial Courts Act and, therefore, suit could not have been instituted, without exhausting the remedy of pre-institution mediation. 7. Copy of the suit has also been annexed with the petit