JUDGMENT :

The original petition is filed challenging the order passed in IA No.6/2023 in CS No.490/2021 by the Commercial Court, Ernakulam. The petitioners are the defendants, and the respondent is the plaintiff.

2. The relevant antecedent facts leading to the impugned order are:

2. (i). The respondent has filed the suit against the petitioners for recovery of money.

2.(ii). The petitioners entered appearance in the suit on 5.8.2022 and prayed for time to file their written statement.

2. (iii). As the relevant documents pertaining to the transaction were misplaced, the petitioners could not file the written statement within the prescribed time period.

2.(iv). The Commercial Court proceeded with the suit. The respondent remitted the balance court fee, and the suit was listed for trial.

2.(v). The petitioners made earnest efforts and traced out the documents. They immediately filed their written statement along with IA No.6/2023 to accept the written statement on file.

2.(vi). The Commercial Court, by the impugned order, rejected the application.

2. (vii). The impugned order is perverse, irrational and improper. Hence, the original petition.

3. Heard; Sri. K.V Sanosh, the learned Counsel appe