Delhi High Court - Orders
Primus Health Care Ltd vs Dr Jagmal on 23 September, 2025
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 203/2025 & CM Appl. 43105/2025
PRIMUS HEALTH CARE LTD .....Petitioner
Through: Mr. Rajat Bhalla, Adv.
versus
DR JAGMAL .....Respondent
Through: Ms. Najreena Sheikh, Adv.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 23.09.2025
1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"] against the order dated 21.03.2025 passed by learned District Judge- 04, Patiala House Courts, New Delhi [hereinafter referred to as "Impugned Order"]. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioner has been dismissed by the learned Trial Court.
2. Learned Counsel for the Petitioner submits that the challenge in the present Petition is on two grounds. Firstly, that that suit is barred by territorial jurisdiction of this Court. It is the case of the Petitioner [Defendant before the learned Trial Court] that the Courts at Abuja, Nigeria have jurisdiction. Secondly, it is contended that the claim is barred by limitation in view of the fact that the cause of action arose on 16.05.2020 and the impleadment Application was filed on 09.06.2023. It is thus contended by the learned Counsel for the Petitioner that the plaint is barred by limitation.
3. Learned Counsel for the Respondent enters appearance virtually.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2025 at 22:34:23 However, she is unable to assist the Court.
4. Let the concerned official of the Petitioner and the Respondent remain present, either physically or virtually, before the Court on the next date of hearing.
5. In the meantime, the parties shall file their short note of contentions in the matter, not exceeding three pages each, at least three days before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon. All judgments sought to be relied upon shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
6. List on 07.11.2025.
7. The parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J SEPTEMBER 23, 2025/r This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2025 at 22:34:23