OCEAN SEVEN BUILDTECH Vs. PACIFIC SPRITS PVT, LTD.

JUDGEMENT

(1.) Although, the matter comes up on an application filed by the respondents No.1 & 3/defendants No.1 and 3 seeking vacation of ex parte interim order dtd. 17/10/2019; but, on the request of learned counsels for the respective parties, the writ petition is heard on its merit at this stage.

(2.) This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dtd. 10/7/2019 passed by the learned Commercial Court No.2, Jaipur Metropolitan, Jaipur in Civil Suit No.24/2019 whereby, the application filed by the respondents No.1 to 3/defendants No.1 to 3 to take the written statement on record, has been allowed qua the respondents No.1 & 3/defendants No.1 & 3 as ex parte proceeding was already drawn against the respondent No.2/defendant No.2.

(3.) The relevant facts in brief are that the petitioner/plaintiff (for brevity "the petitioner") filed a suit against the respondents No.1 to 4 for recovery of money in the Court of learned Additional District Judge No.1, Behror, Alwar (hereinafter referred to as "the learned ADJ") wherein, right of the respondents No.1 & 3 to file written statement was closed vide order dtd. 16/10/2017. On 24/1/2018, the respondents No.1 to 3 filed an application along with written statement praying therein for taking the same on record. Before the application could be decided, the matter stood transferred to the learned Commercial Court No.2, Jaipur Metropolitan, Jaipur (hereinafter referred to as "the learned trial Court") under Sec. 15 (2) of the Commercial Courts Act, 2015 (for short "the Act of 2015). The application filed by the respondents No.1 to 3 for taking the written statement on record, has been allowed by the learned trial Court vide its order dtd. 10/7/2019 qua the respondents No.1 & 3 subject to a cost of Rs.25,000.00, the subject-matter of challenge.