JUDGMENT

Amit Bansal, J. - CM No.42517/2021(for exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 1081/2021 & CM No.42516/2021(for stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 6th October, 2021 passed by the District Judge (Commercial Court)-02, Patiala House Courts, New Delhi (Commercial Court) in a commercial suit bearing CS (COMM) No.165/2019, dismissing the application filed on behalf of the petitioner (defendant no.2 in the suit) under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC).

4. Brief facts as set out in the impugned order are set out below:

4.1 The respondent herein, was awarded the contract for plumbing and sanitary works by the petitioner and the defendant no.1 with respect to work orders starting from 14th November, 2011 to 26th November, 2015.

4.2 Alleging default in payments as well as breach of terms of the contract by the petitioner and the defendant no.1, the respondent filed the commercial suit for recovery in 2019.

4.3 Upon the written statement in the suit being filed beyond a period of 120 days, the defence of the petitioner and defendant no.1 was s