NITIN KATARIA Vs. VARUN JAIN

JUDGEMENT

(1.) The Petitioner herein is seeking to impugn the orders dtd. 9/11/2022 and 25/3/2023 passed by the learned District Judge (Commercial Court), North District, Rohini, Delhi ("Trial Court") in CS(COMM) No. 125/2022 titled as "Varun Jain vs. Nitin Kataria" whereby the Learned Trial Court dismissed the application filed by the Petitioner herein seeking review of the order dtd. 9/11/2022 vide which his defence was struck off. Aggrieved by the aforesaid position, the petitioner has preferred the present petition under Article 227 of the Constitution of India.

(2.) The Petitioner is the defendant and the Respondent is Plaintiff in the commercial suit, which is pending adjudication before the Learned Trial Court.

(3.) The limited issue that arises before this court is whether the Learned Trial Court was correct in striking off the defence in view of the entire facts and circumstances of the case.