JUDGMENT :

N.V.ANJARIA, J.

Heard learned advocate Mr.Abhisst Thaker for the petitioner and learned advocate Mr.A.H.Mohapatra for the respondent.

2. The petitioner by filing the present petition, has challenged order dated 25.6.2021 passed by the Commercial Court, Vadodara, below Exhibit 10 in Commercial Suit No.3 of 2020, whereby the Court allowed the defendant to file written statement on payment of delayed cost of Rs.10,000/-.

3. The petitioner- original plaintiff instituted the suit for recovery of money against the respondent- defendant on the ground of breach of contract. The defendant had put purchase orders between the period from 31.12.2017 to 23.6.2019 for different quantities of cables and wires from the plaintiff, who was manufacturer and supplier of such products. As per the case of the plaintiffs, the products were supplied after due testing and they were premium quality products. The defendant failed to make payment leading to institution of the suit by the plaintiff. The details of the suit controversy is not required to be set out in extenso.

3.1 The respondent was served with the summons on 30.1.2020. The appearance was filed and time was prayed for on 17.2.2020 by the