JUDGMENT :

Munishwar Nath Bhandari, J.

Prayer in OSA (CAD) No.167 of 2021: Appeal filed under Section 13(1) of the Commercial Courts Act, 2015 read with Clause 15 of the amended Letters Patent Act, 1865, against the order dated 13.07.2021 in C.S. (Comm. Div.) No.310 of 2020.

OSA (CAD) No.168 of 2021: Appeal filed under Section 13(1) of the Commercial Courts Act, 2015 read with Clause 15 of the amended Letters Patent Act, 1865, against the order dated 01.10.2021 in C.S. (Comm. Div.) No.310 of 2020.

1. By these appeals, challenges are made to the order dated 13.07.2021 holding that the appellant-defendant has lost its rights to file the written statement and the judgment dated 01.10.2021 decreeing the suit filed by the plaintiff-non-appellant respectively.

2. Learned counsel for the appellant submits that after service of notice in the suit, the appellant-defendant entered appearance through counsel. However, the written statement could not be filed due to the situation obtaining at the relevant time. Ignoring the aforesaid, the right of the appellant-defendant to file the written statement was closed by the order dated 13.07.2021 and therefore, the order has been challenged herein.

3. Sub