JUDGEMENT

TUSHAR RAO GEDELA, J.

1. 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 : <br/>

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 were instituted on 09.12.2020 on which date the learned Presiding Officer was on leave and the matter was kept for consideration. On 11.12.2020, the petitioner/defendant appeared in person through video conferencing which were noted by the Court Officer as the Presiding Officer was attending a Training Programme. The matter then was posted to 21.12.2020 on which date again the petitioner/defendant was represented through his son-in-

law. Since the Presiding Officer was on leave, matter was adjourned to 04.01.2021.

c.) On 04.01.2021, proceedings were held vide Video Conferencing mode and the Trial Court was pleased to pass an order of 'status quo' in presence of petitioner/defendant.

d.) On 05.01.2022, counsel Sh. Amir Khan had appeared for the petitioner/defendant. On 21.02.2022 and 07.05.2022, counsel Sh.

A.N. Khan had appeared. On 05.09.2022, the appearance of Sh. R.C. Tiwari counsel for petitioner/defendant is noted on which date the file was specifically taken up on an application of defendant no. 1 under the provisions of Order XXXIX Rule 4 r/w Section 151 CPC and application u/o VIII Rule 1 of CPC, 1908.

e.) The petitioner/defendant continuously stated that the complete copy of the plaint alongwith the annexures were never furnished to him or his counsel. Counsel for the petitioner/defendant had inspected the file on 22.08.2022, 25.08.2022 and 28.08.2022 and had applied for the certified copies of the plaint and its annexures. The same were received by the counsel for the petitioner/defendant on 08.09.2022.

f.) On 15.09.2022, counsel for the petitioner/defendant pointed out that the suit is deficit in proper and correct court fee, upon which the respondent/plaintiff undertook to make good the deficit fee during the course of the day. At this stage again, petitioner/defendant asked for directions for supply of plaint with documents which were ordered to be supplied.

g.) That thereafter, vide Order dated 20.09.2022, the Learned Trial Court had given five (5) days’ time to defendant to file reply to Order VIII Rule 1 CPC, 1908 filed by the Plaintiff and also to file the Written Statement subject to the orders to be passed on the applications under Order VIII Rule 4 and also Order VIII Rule 10 of CPC, 1908.

h.) In compliance, on 24.09.2022, the Petitioner/Defendant filed their written statement alongwith statement of truth, affidavit of admission/denial, list of documents, and replies to the application under Order XXXVIII Rule 5, Order VIII Rule 10 of CPC, 1908 and Section 12A of the Commercial Courts Act, 2015.

i.) In the meanwhile, on 27.09.2022 the applications under Order XXXIX Rule 1 and 2 and Order XXXIX Rule 4 of the CPC, 1908 were disposed of in view of the oral s