JUDGMENT :

Advait M. Sethna, J.

1. This commercial appeal is filed against the final judgment/order dated 4 September 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 dated 16 January 2025.

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

“a. That the Defendants be decreed and ordered to pay to the Plaintiffs the sum of Rs. 11,77,464/- along with the interest on Rs. 11,77,464/- at 18% per annum or such other rate that may be awarded by this Honourable Court from the date of filing of the suit till realisation.”

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 November 2022 taking the written s