M/S JIA LAL KISHORI LAL PRIVATE LIMITED vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20th January, 2026 Pronounced on: 05th February, 2026 + CS(COMM) 28/2025, I.A. 9391/2025, I.A. 12893/2025, I.A. 13288/2025 & I.A. 13320/2025 M/S JIA LAL KISHORI LAL PRIVATE LIMITED .....Plaintiff Through: Mr. Pradeep Dhingra, Advocate along with Mr. Kunal Mehra (M:9717093000, 9818093000) versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Defendants Through: Mr. Vikas Chopra, SC-MCD with Mr. Neeraj Kumar, Advocate (M:9212036118) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J. I.A. 9391/2025 (Application under Order VII Rule 11 read with Section 151 of Code of Civil Procedure, 1908) 1. The present application has been filed on behalf of the defendants seeking rejection of the plaint under Order VII Rule 11 (d) of Code of Civil Procedure, 1908 (“CPC”), on the ground that the suit is not maintainable for being barred by limitation. 2. It is the case of the defendants that the 16th running bill for Rs. 4,99,82,236/- dated 04th July, 2014 raised by the plaintiff, has already been rejected by the defendants vide letter dated 09th October, 2014. Thus, all the legitimate dues of the plaintiff for the work done under the Agreement dated Signature Not Verified Digitally Signed CS(COMM) 28/2025 Page 1 of 22 By:HARIOM SHARMA Signing Date:05.02.2026 19:15:57 20th July, 2007 for “Const. of Road under Bridge at Level X-ING in Vivek Vihar I.T.I”, has already been paid by the defendants. The cause of action, if any, arose last on 09th October, 2014, when the defendants rejected the claim of the plaintiff. 3. As per the defendants, the plaintiff failed to take any legal action for more than seven years, and in order to circumvent the limitation period, the plaintiff has artificially created a cause of action on