SUNIL SAHOO Vs. ANOOP KUMAR JAIN

JUDGEMENT

(1.) The hearing has been conducted through video conferencing.

(2.) This appeal has been filed challenging the order dated 30.01.2020 passed by the learned District Judge-Commercial Court-05 (Central) in Suit, being CS (Comm) No.152/2020, Anoop Kumar Jain v. Sunil Sahoo , holding that as the appellant herein (defendant in the Suit) has not filed the written statement till the date of the order, his right to file the written statement stands closed and his defence struck off.

(3.) The respondent had filed the above Suit under the Commercial Courts Act, 2015 (hereinafter referred to as the 'Act'), on which the learned Trial Court issued summons to the appellant vide order dated 23.09.2019. Admittedly, the summons was served on the appellant on 20.10.2019. As the appellant, in spite of service of summons, did not file his written statement, the learned Trial Court by way of the Impugned Order was pleased to close the right of the appellant to file the written statement.