JINDAL IMPEX Vs. MALAYAN BANKING BERHAD

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 13.04.2018 passed by Additional District Judge, Ludhiana, wherein it was observed that written statement can only be filed if leave to defend is granted. Summons for judgment in Form No.4-A in Appendix-B were ordered to be served upon defendants No.1 and 2 and order dated 31.07.2018 passed by Additional District Judge/Commercial Court, Ludhiana, wherein the Court ruled that the summary procedure under Order 37 CPC would apply and not the procedure prescribed under the Commercial Courts Act, 2015.

(2.) Perusal of the record would show that a civil suit under Order 37 CPC was filed by the plaintiff/respondent No.1. Petitioner was impleaded under Order 1 Rule 10 CPC in CR No.5091 of 2017 vide order dated 16.02.2018. The impleadment was declined by the trial Court vide order dated 06.07.2017 against which aforesaid revision petition was filed.

(3.) Operative part of the order dated 16.02.2018 passed by the High Court in CR No.5091 of 2017 reads as under:-