1. This is an application filed by the defendant praying for revocation of leave granted under Clause 12 of the Letters Patent by the Court, while admitting the plaint.

2. On instruction from his client, Mr. Sabyasachi Chowdhury, learned senior advocate for the plaintiff submits that his client shall not file any affidavit in opposition and shall proceed on the basis of the existing record.

3. This is a commercial suit. The defendant has not filed its written statement within the mandated 30 days or within the mandated 120 days, as mandated under the amended provisions of Order I Rule 8 of Code of Civil Procedure, 1908 . Thus the defendant has forfeited its right to file written statement in the suit.

4. The principal plea taken by the defendant in support of its application are quoted below from the supporting affidavit, filed in support of the master summons:-

“5. On a meaningful reading of the Plaint along with the documents annexed thereto, it transpires that the transaction pertains to supply of goods and alleged failure to pay consideration against such supply. Admittedly, the entire transaction has taken place outside the jurisdiction of this Hon'ble Court which would be eviden