JUDGMENT :

(Devendra Kumar Upadhyaya, J.)

1. For the sake of clarity, the Plaintiff and the Defendants in the suit shall be referred to as per their original nomenclature i.e. Appellants herein as the Defendants and the Respondent herein as the Plaintiff.

2. Heard Mr. O. A. Das, learned Counsel representing the Defendants and Mr. Kishor P. Vig learned Counsel representing the Plaintiff.

3. This Appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 (hereinafter referred to as the Act of 2015) seeks to challenge the order dated 2nd December 2020 passed by the District Judge – 2, Thane whereby the application moved by the Appellants – Defendants under Order VII Rule 10 and Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code”) read with Section 19(6) to (10) of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as the “Recovery Act, 1993) has been rejected.

4. The facts of the case which can be culled out from the pleadings available on record and the submissions made by the learned counsel for the respective parties are that the Plaintiff – Respondents instituted Commercial Suit No.6 of 2019 against the Appellants-Defend