ORDER

% 01.03.2024 CM APPL. 13033/2024—Exp.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 2014/2024 and CM APPL. 13034/2024--stay

3. The present petition has been filed under Article 227 of the Constitution of India impugning the orders dated 31.01.2024 and 28.10.2022 passed in CS (COMM.) NO. 176/2022 by the learned District Judge (Commercial Courts-02), South East, Saket District Court, Delhi (hereinafter referred as ‘Trial Court’) , whereby the written statement filed on behalf of the respondent was taken on record though the written statement was filed within 120 days, but the affidavit of admission/ denial was filed after 120 days, and that too without moving any application seeking condonation of delay to file the same.

4. Learned counsel for the petitioner submits that the review filed thereafter was also dismissed vide order dated 31.01.2024.

5. The learned counsel for the petitioner has placed reliance upon a judgment delivered by this Court in the case of Mayank Gupta vs. Aditya Birla Fashion and Retail Ltd., 2023 SCC OnLine Del 1485.

6. Upon taking necessary steps, issue notice through all permissible modes including