AJAY S. KATHURIA Vs. JAYESH KUMAR & CO.

JUDGEMENT

(1.) This commercial appeal is filed against the final judgment/order dtd. 4/9/2023 passed in Notice of Motion no. 1823 of 2023, in commercial suit No. 137 of 2022, by the District Judge, City Civil Court, Mumbai ("Impugned Order" for short). Considering that a short issue is involved the appeal is taken up final disposal at the stage of admission. It appears from the record that the respondent (plaintiff) has not entered apperance as also observed by us in our order dtd. 16/1/2025.

(2.) The respondent (plaintiff) filed the commercial suit no. 137 of 2022 on 17/1/2022, before the City Civil Court, Mumbai with the following substantive prayer :-

(3.) By the impugned order, the appellant's (defendant's) right to file the written statement has been forfeited, on the ground that the conditional order passed by earlier the trial court 30/11/2022 taking the written statement on record was subject to the apellant (defendant) paying cost of Rs.1500.00, which was not complied with. As the delay in filing the written statement had passed the statutory period of 120 days as on 4/9/2023, the trial court by the impugned order rejected the Notice of Motion No. 1823 of 2023 of the appellant (defendant) to take such written statement on record.