ORDER

1. This petition filed under Article 227 of the Constitution takes exception to the order dated 13.09.2022 whereby the Commercial Court, Bhopal declined to take the written statement of the petitioner on record by holding that it is filed with undue delay.

2. The admitted facts between the parties are that the respondent/ plaintiff filed a Class-B suit before District Court, Betul on 21.01.2019 which was registered as RCS-1B/19. After Commercial Courts Act, 2015 (Act of 2015) came into being, the said suit was transferred to Commercial Court, Bhopal on 31.07.2021 and was re-registered on 18.04.2022 as case No. COMMS/06/2022. The petitioner/defendant upon re-registration of the matter under the Commercial Courts Act before Commercial Court, Bhopal submitted his written statement on 13.09.2022. The learned Commercial Court by the impugned order dated 13.09.2022 rejected the same by taking into account the judgment of Supreme Court in (2019) 12 SCC 210 [SCG Contracts (INDIA) Private Ltd. Vs. K.S. Chamankar Infrastructure Private Limited and Ors]. The Court below further held that merely because an application filed under Order VII Rule 11 CPC of petitioner/defendant was pending, i