OVERSEAS ENTERPRISES Vs. PARBATRAM PUROHIT

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/defendant no.1 assailing the legality and validity of the order dtd. 10/2/2020 passed by the learned Commercial Court No.3, Jaipur whereby the right of the petitioner for filing written statement has been closed.

(2.) The facts in brief are that in a suit filed by the plaintiff- respondent no.1, right of the petitioner/defendant no.1 to file written statement was closed by the learned Commercial Court after the expiry of maximum period of 120 days from the date of service of summons vide order dtd. 10/2/2020, impugned herein.

(3.) Assailing the order, learned counsel for the petitioner contended that the suit instituted by the respondent no.1 itself was not maintainable as the procedure prescribed under Chapter IIIA of the Commercials Courts Act, 2015 (for brevity, 'the Act of 2015') was not followed. He submits that he was not obliged to file the written statement inasmuch as his application under Order 7 Rule 11 CPC was subjudice. He, therefore, prays that the writ petition be allowed and the order impugned dtd. 10/2/2020 be quashed and set aside qua the petitioner.