JUDGMENT

Sanjeev Sachdeva, J. (Oral)

FAO (COMM) 88/2023 & CM APPL. 26999/2023 (stay)

1. Appellant impugns order dated 09.02.2023, whereby, the Trial Court has permitted the written statement to be taken on record and permitted the respondent to contest the suit on merits.

2. Subject suit was filed by the appellant for recovery. Though the ordersheet of the Trial Court records that the respondent was not served in the suit, a counsel entered appearance for the respondent on 05.07.2022. Respondent failed to file written statement within 30 days. Subsequently, the respondent failed to appear and was proceeded ex-parte on 27.09.2022.

3. An application under Order IX Rule 7 CPC was filed by the respondent seeking setting aside of the ex-parte order, which was allowed on 09.12.2022, subject to costs of Rs.15,000/-. One week time was granted to the respondent to file the written statement.

4. Order dated 09.12.2022 records that respondent had raised the grievance that respondent had not received a copy of the plaint. Copy of the plaint was received through Whatsapp on 22.08.2022. Thereafter on 31.08.2022, lawyers were abstaining from work and as such counsel for the respondent could not