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2023 Supreme(Del) 3183

MANMEET PRITAM SINGH ARORA
Beena Goswami – Appellant
Versus
State Bank of India – Respondent


Advocates appeared:
Mr. P.D.V. Srikar, Mr. Anuj Kumar Sharma and Mr. Sohan Petwal, Advocates, for the Petitioner.
Mr. Rajiv Kapur and Mr Akshit Kapur, Advocates, for the SBI.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)--This petition filed under Article 227 of the Constitution of India impugns the order dated 13.07.2023 passed by the District Judge (Commercial Court), North-East District, Karkardooma Court, Delhi (`Trial Court') in C.S. (Comm.) No. 36/2023 titled as "State Bank of India v. Beena Goswami Prop of M/s Avni Infratech" whereby the Trial Court struck off the defence of the Petitioner.

1.1. The Petitioner is the original defendant and the Respondent is the original Plaintiff in the commercial suit. The plaintiff has filed a commercial suit for recovery of money and interest thereon from the defendant.

2. The learned counsel for the Petitioner states that the Petitioner herein entered appearance before the Trial Court upon receiving an e-mail on 19.05.2023 from the e-Court regarding the institution of the commercial suit. He states that no summons or copy of the paper book was served on the Petitioner with this e-mail.

2.1. He states that the Petitioner was diligent and duly engaged a counsel, who entered appearance before the Trial Court on 08.06.2023 and undertook to file a written statement within three (3) weeks. He states that since the

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