SIKKIM FERRO ALLOYS LTD. Vs. SHAH ALLOYS LIMITED

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and perused the record.

(2.) The present petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India is directed against the order passed by the Commercial Court in closing the opportunity of the defendant/petitioner herein to file written statement in the Commercial Suit.

(3.) Pertinent is to note that in the order dtd. 25/7/2022 in the Commercial Civil Suit No. 3482 of 2021, the Commercial Court noted that the learned advocate for the defendant was present. On perusal of the record, it further noted that the defendant had been duly served with the process and the vakalatnama was filed by the learned advocate appearing for the defendant vide Exh. 12 on 21/2/2019, however, no written statement had been filed till 25/7/2022. Noticing that more than 120 days had expired since the service of the summons, in the facts of the case, it was directed that right of the defendant to file written statement be closed. We may further note that an application seeking for recall of the order dtd. 25/7/2022 was filed by the defendant on 21/2/2023, who was otherwise represented through his counsel, which has also been dismissed on the same date, noticing that the statutory limitation had already lapsed long back and the application cannot be allowed.