GUPTA INFOTECH Vs. OM LOGISTICS LTD.

JUDGEMENT

(1.) Petitioners/defendants have assailed orders dtd. 17/11/2022 and 4/1/2023 passed by the learned commercial court. By way of order dtd. 17/11/2022, application of the petitioners/defendants under Order XI Rule 1(10) CPC was dismissed mainly on the basis of order dtd. 29/1/2020 of the learned trial court. By way of order dtd. 4/1/2023, the defence was struck off because affidavit of admission/denial was not filed by the petitioners/defendants.

(2.) The order dtd. 29/1/2020 appears to have been wrongly quoted in the impugned order dtd. 17/11/2022 because by way of order dtd. 29/1/2020, it is the respondent/plaintiff who was directed to remove certain defects prior to issuance of summons of the suit.

(3.) At the outset, learned counsel for respondent/plaintiff submits that on account of ambiguity in the impugned order that inadvertently crept in, his suit is standstill, so the present petition may be allowed directing the trial court to expeditiously dispose of the suit.