RAJ KUMAR Vs. USHA

JUDGEMENT

(1.) The wrangle in the present case pertains to the defence of the petitioner being struck off and also the application seeking review of the same being dismissed by the learned trial court i.e. learned District Judge (Commercial), North West, Rohini, Delhi in the suit bearing no. CS(COMM) 481/2021 titled as 'Usha vs Raj Kumar' vide orders dtd. 5/9/2023 and 13/10/2023, respectively.

(2.) It would be apropos to recite the facts beginning with the respondent filing the present commercial suit under Order XXXVII of Code of Civil Procedure, 1908 ('CPC') read with Sec. 15 CPC read with Order VII Rule 1 of CPC read with Sec. 6 of the Commercial Courts Act, 2015, against the petitioner seeking a recovery of Rs.25.90 lakhs before the learned trial court back in September, 2021.

(3.) Thereafter, the petitioner received summon for judgement in the suit on 16/3/2022 and entered appearance as per procedure under Order XXXVII Rule 3(5) CPC and filed the application seeking leave to defend on 25/3/2022, which was allowed unconditionally vide order dtd. 31/1/2023 of the learned trial court. Further, the petitioner was granted 30 days' time to file the written statement in response to the suit.