JUDGMENT

Amit Bansal, J. (Oral)

CM 37774/2021 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 848/2021 & CM 37773/2021 (for stay)

3. The present petition filed under Article 227 of the Constitution of India impugns the order dated 23rd March, 2021 passed by the District Judge, Commercial Court-02, West District, Tis Hazari Courts, Delhi in suit bearing CS (COMM.) No.185/2020, whereby the application filed on behalf of the petitioner/defendant under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) for grant of extension of time and condonation of delay in filing written statement has been dismissed.

4. The facts leading to the filing of the present petition are as follows:

4.1 On 9th July, 2020, a suit for possession, recovery of arrears of rent, mesne profits and permanent and mandatory injunction along with an application under Order XXXIX Rules 1 & 2 of the CPC, was filed by the respondent/plaintiff before the Commercial Court.

4.2 Notice was issued in said suit on 10th July, 2020.

4.3 On 16th July, 2020, an ex-parte order was passed by the Commercial Court on the application under Order XXXIX Rules 1 & 2 of