JUDGMENT

Tushar Rao Gedela, J.—Petitioner impugns order dated 15.10.2022, passed by the Trial Court in CS (Comm) - 350/2020 titled as M/s. GNC Infra vs. M/s Machine Tools Aids (India) & Anr., whereby, while allowing the application under Order VIII Rule 10 of Civil Procedure Code, 1908 filed by the respondent/plaintiff, the Court had simultaneously dismissed the application under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) filed by the Petitioner/ Defendant no.1, foreclosing the right of Petitioner to file Written Statement.

Brief Background of the Case:

2. Shorn of unnecessary details on merits of the case, which is yet to be adjudicated by the Trial Court, this Court, confines its consideration only to the facts which led to the impugned order. The relevant facts as culled out from Trial Court records are as follows:—

(a) A Commercial Suit, CS (Comm) 350/2020 titled as M/s GNC INFRA VS. M/s Machine Tools Aids (India) & Anr., is laid by the Respondent/Plaintiff seeking recovery of Rs. 1,48,73,337/- along with future and pendente lite interest @ 24% p.a. on the said sum till realization and other ancillary reliefs.

(b) Proceedings we