JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1. The petitioners challenge the order dated 15.09.2021 passed in CS (Comm) No.1615/2019 titled ‘K.L. Monga vs. The Executive Engineer, CPWD & Anr', whereby the learned Trial Court has taken off the record the written statement as filed by the petitioners on the ground that though an affidavit was filed, however the same was not in the format of Statement of Truth as prescribed under Order VI Rule 15A of the CPC, 1908 and consequently, the defence was also struck off.

2. Ms. Nidhi Raman, learned Standing Counsel appearing for the petitioners submits that the learned Trial Court wrongly relied upon the judgment of Coordinate Bench of this Court in CM(M) No. 346/2020 titled ‘OK Play India Pvt. Ltd vs M/s AP Distributors and Anr’, which is not relatable to the facts of the present case inasmuch as in the aforesaid case, this Court was considering the delay of non-filing of the affidavit of admission/denial along with the written statement and also that there was no accompanying application seeking condonation of delay in filing the same.

3. Learned Standing Counsel for the petitioners submits t