JUDGMENT :

VIKAS BAHL, J.

1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 27.01.2025 (Annexure P-7) passed in Commercial Civil Suit no.91 of 2024 by the Additional District Judge-cum-Special Judge, Commercial Court, Gurugram, vide which it has been observed that the written statement filed by the petitioner in commercial suit after a period of 120 days cannot be read and considered as part of pleadings.

ARGUMENTS ON BEHALF OF THE PETITIONER

2. Learned counsel for the petitioner has submitted that in the present case vide order dated 20.12.2024 one more opportunity was granted to the petitioner to file written statement on or before the date fixed i.e., 27.01.2025 and the same was subject to cost and in compliance to the said order dated 20.12.2024, the petitioner had filed the written statement on 27.01.2025 but the Commercial Court vide order dated 27.01.2025 had observed that the said written statement could not be considered to be a part of the pleadings, as the petitioner-defendant had forfeited its right to file the written statement on completion of 120 days from the date of service. It is submitted that in fact the petitioner company has business at Gurugram and the respondent is well aware of the said fact, yet the respondent had in the plaint impleaded the company through its registered address at Rewari. It is submitted that since the petitioner company is not carrying on business in Rewari and is carrying on business in Gurugram, thus, it cannot be stated that the service in Rewari on 18.09.2024 was due service. It is further submitted that the respondent is not a fair landlord and on account of act and conduct of the respondent, the petitioner has not earned anything from the tenanted premises. It is submitted that since the written statement has already been filed, thus, the same be permitted to be placed on record and the petitioner be permitted to contest the present case.

ARGUMENTS ON BEHALF OF THE RESPONDENT

3. Learned counsel for the respondent has submitted that the present revision petition is not maintainable in view of Section 8 of the Commercial Courts Act, 2015. It is further submitted that the respondent, who is the landlord, had filed a suit for recovery of possession, arrears of rent, damages / mesne profits and for permanent injunction and the petitioner is making every endeavour to delay the said proceedings as the petitioner is in arrears of rent to the tune of more than Rs.1 crore as on date. It is further submitted that vide order dated 05.09.2025, the Commercial Court, Gurugram had directed the petitioner to pay an amount of Rs.68,77,342/- within a period of six weeks and that the present petitioner had filed CR-7545-2025 in which the petitioner had stated that they would pay the arrears of rent within a period of six months and would regularly pay the rent. The order dated 05.09.2025 passed by the Commercial Court vide which the petitioner was directed to deposit Rs.68,77,342/- as well as the order dated 29.10.2025 passed by the Co-ordinate Bench of this Court has been handed over to the Court during the course of arguments and are taken on record as Mark A and Mark B.

4. It is further submitted that the registered office of the petitioner company is in Rewari and thus, the service in Rewari is in accordance with law as has been held in the impugned order and after the service, the counsel had appeared on behalf of the petitioner on 07.10.2024 which was the date for the appearance. It is further submitted that the maximum period in a commercial case which can be granted to the petitioner-defendant to file written statement is 120 days, which elapsed on 16.01.2025 and since no written statement was filed by the said date, thus, the impugned order has been rightly passed. Learned counsel for the respondent has further referred to the zimni order dated 07.10.2024 (Annexure P-2) to show that the petitioner had appeared t