JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner has challenged the order dated 06.10.2022 in CS (COMM) 317/22 titled as "Guriqbal Singh vs. M/S M N Automobile Private Limited & Ors." whereby the learned Trial Court on the failure of the petitioner/defendant to file the written statement had closed the right to file the same.

2. Learned counsel appearing for the petitioner/defendant submits that the petitioner was served on 29.06.2022 by summons of the suit, though in the impugned order, the learned Trial Court had noted that the petitioner was served on 15.06.2022.

3. Learned counsel for the petitioner submits that in the order dated 13.07.2022, it is clearly observed by the learned Trial Court that defendant No.1 was served on 29.06.2022, though the impugned order notes the date of service as 15.06.2022. In any case, learned counsel submits that whether the time period to file the written statement is reckoned with effect from 15.06.2022 or 29.06.2022, filing of the written statement on 06.10.2022 through email was within that stipulated period of 120 days, as prescribed under Order VIII Rule 1 of the Code of Civil Proce