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2021 Supreme(Del) 1077

MANMOHAN, NAVIN CHAWLA
Sunil Sahoo – Appellant
Versus
Anoop Kumar Jain – Respondent


Advocates appeared:
Parikshit Mahipal, Advocate

JUDGMENT

Navin Chawla, J. - The hearing has been conducted through video conferencing.

2. This appeal has been filed challenging the order dated 30.01.2020 passed by the learned District Judge-Commercial Court-05 (Central) in Suit, being CS (Comm) No.152/2020, Anoop Kumar Jain v. Sunil Sahoo, holding that as the appellant herein (defendant in the Suit) has not filed the written statement till the date of the order, his right to file the written statement stands closed and his defence struck off.

3. The respondent had filed the above Suit under the Commercial Courts Act, 2015 (hereinafter referred to as the 'Act'), on which the learned Trial Court issued summons to the appellant vide order dated 23.09.2019. Admittedly, the summons was served on the appellant on 20.10.2019. As the appellant, in spite of service of summons, did not file his written statement, the learned Trial Court by way of the Impugned Order was pleased to close the right of the appellant to file the written statement.

4. The appellant claims that on the next date of hearing, that is, 04.02.2020, the appellant was represented by a Legal Aid counsel who verbally requested the learned Trial Court to give one more opportu

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