JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode] CM APPL. 2947/2023 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 89/2023 & CM APPL. 2946/2023

3. Petitioner challenges the order dated 20.10.2022 in CS (COMM.) No. 393/2021 titled as “Shri Lakhan Singh vs. Shri Parmeshwar Jana”, passed by the learned Trial Court closing the right to file the written statement since the same was not filed within 120 days as prescribed under the law.

4. Mr. Gautam, submits that the impugned order does not take into consideration the fact that the Hon’ble Supreme Court in Prakash Corporates Vs. Dee Vee Projects Limited reported as (2022) 5 SCC 112 has granted liberty to the similarly situated persons to file their written statement even beyond 120 days as contemplated under the Commercial Courts Court, for the reason of pandemic situation as prevailed in the country.

5. Learned Counsel further submits that the learned Trial Court did not consider the fact that even as on 04.03.2022, it had granted 4 weeks to the petitioner to file the written statement.

6. Learned counsel further submits that the learned Trial