Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 20.09.2022 (Annexure P-1) whereby the defence of the defendant-petitioners has been struck off.

2. Notice of motion.

3. Mr. Vipan Kumar Sharma, Advocate accepts notice on behalf of the plaintiff-respondent.

4. Learned counsel for the petitioners would contend that the written statement is now ready and would be filed on the next date of hearing and that no prejudice would be caused to the plaintiff-respondent and further that the defendant-petitioners are also willing to compensate the plaintiff-respondent by way of costs.

5. Per contra, learned counsel for the plaintiff-respondent has contended that despite availing several opportunities the written statement was not filed and hence the defence has rightly been struck off.

6. Heard.

7. Hon’ble Supreme Court in the case of Desh Raj vs. Balkishan (D) through proposed LR Ms. Rohini, 2020 (1) RCR (Civil) 807 has held as under :

“ANALYSIS & CONCLUSION

11. At the outset, it must be noted that the Commercial Courts Act , 2015 through Section 16 has amended the CPC in its application to commercial di