JUDGMENT :

ASHA MENON, J.

1. This petition has been filed with the following prayers:

“(a) Set aside the order dated 08.02.2021 passed by the Hon'ble Court of Sh. Gurdeep Singh Saini, District Judge (Commercial Court)-02, Tis Hazari Court, New Delhi in C.S. (Comm.) No. 278/2019 titled M/s A.A. Enterprises vs. M/s Shanti Nath Enterprises.

(b) To remand back the case to the Hon'ble Court of Sh. Gurdeep Singh, District Judge (Commercial Court), Tis Hazari Court, New Delhi to decide afresh on the statement recorded by the counsel for respondent plaintiff on dated 08.02.2021 or to decide the application filed by the petitioner under Order 7 Rule 11.

(c) Pass such orders as may deem fit and proper and in favor of the Petitioner.”

2. The facts as are relevant for the disposal of the present petition can be briefly stated. The respondent/plaintiff had instituted a commercial suit against the petitioner/defendant for recovery of Rs. 3,84,398/-. The petitioner/defendant filed its written statement along with an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, “CPC”) and prayed that since the suit had been filed by the respondent/plaintiff, which was an unregiste