RAJESH WADHAWAN Vs. NAVEEN SABHARWAL

JUDGEMENT

(1.) The petitioner has preferred to invoke the power of superintendence vested in this Court under Article 227 of the Constitution impugning the order dtd. 10/4/2023 passed by learned District Judge (Commercial Court) -01, West, Tis Hazari Court, Delhi (in short 'Commercial Court') in CS (COMM) No. 320/2021 titled as 'Sh. Naveen Sabharwal Proprietor M/s Nav Prints vs Shr. Rajesh Wadhawan Proprietor M/s Global Trendz' whereby petitioner's written statement was not allowed to form part of the record in view of non-conformity to Order VI Rule 15A of Code of Civil Procedure, 1908 (in short 'CPC') thereby striking of his defence in the suit.

(2.) It would be apposite to elucidate the relevant facts starting with the respondent filing a suit for recovery of Rs.33,50,081.00 against the petitioner before the learned Commercial Court wherein the summons were issued to the petitioner on 13/8/2021. The petitioner was served with summon of the suit through WhatsApp and email on 26/8/2021. On 23/10/2021, the petitioner did not appear before the learned Commercial Court and hence was proceeded ex-parte. Later that day, the petitioner appeared before the Court and was apprised of the order passed and an application for setting aside ex-parte order was moved on the same day. The application of the petitioner was allowed on 25/11/2021 and the ex-parte order was set aside by the learned Commercial Court and the matter was posted for filing of written statement subject to issue of limitation on 5/1/2022.

(3.) Thereafter, the petitioner on 4/1/2022 filed the written statement along with the affidavit through the email and also filed the physical copy of the same on 6/1/2022 before the learned Commercial Court.