JUDGMENT :

1. The petitioner by taking out this application has prayed for setting aside the order dated 16th August 2022 by which the suit being C.S. 25 of 2014 was decreed exparte against the petitioner.

2. To put precisely, the petitioner states that the respondent as plaintiff, filed the aforesaid suit against it under order XXXVIII of the Code of Civil Procedure praying, inter allia, the following reliefs :

(a) Decree for a sum of Rs.49,97,024.45/- in terms of paragraph 16 hereunder;

(b) Interest of principal amount of Rs.26,92,382/- on and from 11th September, 2012 until realization thereof;

(c) Injunction;

(d) Receiver;

(e) Attachment;

(f) Costs;

(g) Further and/ or other reliefs”.

3. After the respondent brought the suit the petitioner as defendant made an application in connection with the suit seeking an order condoning delay on the part of it to enter appearance in the suit. By an order dated 16.01.2014 this Court allowed this application filed by the petitioner. Thereafter, the petitioner filed two applications - one being GA No. 1059/2018 seeking relief to defend the suit upon filing writing statement and the another being GA No. 1060/2018 seeking dismissal of the suit. By an order dated December 4, 2018 this Court dismissed the application being GA No. 1060 of 2018. Aggrieved by the order dated December 4, 2018, the petitioner preferred an appeal being A.P.O No. 39 of 2019 before a Division Bench of this Court. By an order dated February 25, 2019 the Hon’ble Division Bench was pleased to set aside the order dated December 4, 2018 and observed that the suit would not be tried as a summary suit. By the order the Hon’ble Division Bench was further pleased to observe that the matter involved triable issues and accordingly directed the petitioner to file written statement within three weeks from the date of the aforesaid order. By the same order parties were directed to complete discovery and inspection of the documents within two weeks thereafter and after completion of such exercise the respondent was directed to prepare a comprehensive Judge’s Brief of documents within two weeks thereafter and supply a copy of the same to the petitioner. The Hon’ble Division Bench noticed that since the matter involved a commercial dispute the suit statutorily required to be tried as a commercial suit before the Commercial Division of this Court and accordingly directed the department to re-number the suit as a commercial suit.

4. Subsequently, the erstwhile learned Advocate-on-record of the petitioner issued a letter dated March 4, 2019 requesting the learned Advocate-on-record of the respondent to convey the re-numbered commercial suit to enable it to file the written statement. However, thereafter, the respondent did not take any step to get the suit re-numbered as a commercial suit in compliance with the order dated February 25, 2019 of the Hon’ble Division Bench, neither the Ld. Advocate of it responded to the aforesaid letter of the petitioner. The petitioner states that Mr. Surendra Jha, since deceased, who was the erstwhile Director of the petitioner company was looking after the matter and was instructing the erstwhile Learned Advocate-on-record. Since there was no re-number of the suit as a commercial suit, the petitioner was unable to file its written statement in the suit. Meanwhile, Mr. Surendra Jha who used to look after the suit, during the pandemic situation, passed away on July 11, 2020. He was the only person on behalf of the petitioner company who used to keep Liason with the erstwhile Learned Advocated-on-record. In such backdrop, the petitioner was completely in dark with regard to the progress of the suit. The petitioner submits that there was a gap in communication between the petitioner and the erstwhile Learned Advocate-On-Record.

5. On August 19, 2022 the petitioner was surprised by a letter dated August 18, 2022 issued by the Learned Advocate of the respondent enclosing therewith a copy of the judgment dated August 1