MAHENDER K. TIWARI Vs. BHARTI TRIVEDI

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 10/3/2023 passed by District Judge, Commercial Court, North East District, Karkardooma Courts, Delhi ("Trial Court') in Civil Suit No. 334/2019, titled as 'Bharti Trivedi v. Mahender K. Tiwari', whereby the Trial Court has dismissed the Petitioner's application for recall of the order dtd. 4/8/2022, striking off his defence.

(2.) The defendant (i.e., the Petitioner) was duly served and entered appearance on 4/3/2020. The defendant was directed to file his written statement within the statutory period, however, he failed to do so. In these circumstances, the Trial Court vide order dtd. 4/8/2022 (after 2' years) was pleased to strike off the defence of the Petitioner herein for non-filing the written statement.

(3.) The Petitioner thereafter on 25/8/2022 filed an application seeking permission to file the written statement. However, even with this application no written statement was enclosed.