JUDGMENT :

1. The petition has been filed under Article 227 of the Constitution of India against the order dated 22nd May, 2019 and the order dated 16th January, 2021 passed by the learned Commercial Court, South-East District, Saket.

2. The grievance of the petitioner is that the respondent though had been served with the summons in the suit on 16th July, 2019, failed to file the written statement within thirty days of the receipt of the summons, which fact was recorded by the learned Commercial Court in its order dated 12th September, 2018. A written statement was filed on 15th November, 2018, which was the 120th day from the date of receipt of the summons.

3. According to Ms. Amrita Sarkar, learned counsel for the petitioner this filing was incomplete filing since without the leave of the Court, a delayed written statement could not be filed and the respondent had not filed such an application for condonation of delay, while filing the written statement. The application for condonation of delay was filed only on 31st January, 2019. Learned counsel submits that the learned Trial Court on 22nd May, 2019 allowed the application for condonation of delay as a “procedural omission” but i