JUDGMENT

Amit Bansal, J. (Oral)

[VIA VIDEO CONFERENCING]

1. The present petition under Article 227 of the Constitution of India impugns the order dated 06th February, 2021 passed by the District Judge, Commercial Court-5, Tis Hazari, whereby the application under Order 8 Rule 1 of the CIVIL PROCEDURE CODE (CPC), 1908 filed by the petitioner/defendant was rejected and the written statement filed by the petitioner/defendant was ordered not to be taken on record.

2. The present petition was earlier dismissed by this Court vide order dated 05th March, 2021, however, upon review being filed against the said order by the petitioner, the said earlier order dated 05th March, 2021 was recalled and notice of this petition was issued to the respondent and stay of proceedings in the suit was ordered.

3. The respondent/plaintiff had filed the commercial suit, from which the present petition arises, on 14th August, 2020 and summons were ordered to be issued to the petitioner/defendant on 17th August, 2020 for 17th October, 2020. The petitioner/defendant failed to file the written statement within the period of 30 days and therefore, filed an application under Order 8 Rule 1 of the CPC seeking