Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the defendant /counter claimant and is directed against an order being no. 41 dated April 5, 2025 passed by the learned Judge Commercial Court at Alipore, District 24 Parganas (S) in Money Suit no. 12 of 2022 which has been subsequently renumbered as M.S. (Com) no. 55 of 2022.

2. By the order impugned, the application filed by the opposite party herein praying for vacating the order of ex-parte hearing of the counter claim stood allowed.

3. The opposite party filed a suit being Money Suit no. 12 of 2022 before the learned Judge, Commercial Court at Alipore praying for a decree for recovery of money together with interest thereon. The petitioner appeared in the said suit and filed its written statement along with counter claim. The opposite party filed its written statement to the counter claim which was also accepted by the learned Trial Judge. The Money Suit no. 12 of 2022 was subsequently renumbered as M.S. (Com) 55 of 2022.

4. The Money Suit was dismissed by an order dated May 12, 2023.

5. Petitioner filed an application praying for fixing a date for adjudication of c