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2018 Supreme(Raj) 862

MOHAMMAD RAFIQ, ALOK SHARMA
Balaji Industrial Products Limited – Appellant
Versus
AIA Engineering Limited – Respondent


Advocates Appeared:
Sudhir Chandra, Adv., R.P. Singh, Adv., Abhay Jain, Adv., Prekhar Gupta, Adv., Mahendra Singh, Adv., Vikas Balia, Adv., Akash Shrivastava, Adv., Raunak Bapna, Adv.

JUDGMENT

MOHAMMAD RAFIQ, J.

1. This writ petition under Article 227 of the Constitution of India has been filed by petitioner-defendant Shri Balaji Industrial Products Limited against order dated 09.02.2018 passed by the Commercial Court at Jaipur (for short 'the Commercial Court') in a suit filed by the respondent no. 1-plaintiff AIA Engineering Limited. The Commercial Court by the aforesaid order, allowed the application filed by the respondent no. 1-plaintiff under Order V Rule 1 CPC permitting the plaintiff to file 'Statement of Truth' envisaged in Order VI Rule 15A for verification, dismissed application filed by the petitioner-defendant under Order VI Rule 15A(1) read with Section 4 of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short 'the Act of 2015') and declined to declare that the suit was not duly instituted. By the aforesaid order, the Commercial Court has also dismissed the application filed by the defendant-petitioner under Section 148 read with Section 151 CPC seeking extension of time for filing of written statement. Challenging that order, further prayer has been made that the Commercial Court be directe






























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