JUDGMENT

AMIT BANSAL, J. (Oral)

CMs No. 40105/2021 & 40106/2021 (both for exemption)

1. Allowed, subject to all just exceptions.

2. The applications are disposed of.

CM(M) 1007/2021 & CM No. 40104/2021 (for stay)

3. The present petition under Article 227 of the Constitution of India impugns the (i) order dated 27th March, 2021 passed by the District Judge (Commercial Court)-03 (Central), Tis Hazari Courts, Delhi; and, (ii) orders dated 3rd August, 2021, 7th September, 2021, and 4th October, 2021 passed by the ADJ-3 (Central), Tis Hazari Courts, Delhi in CS (Comm)

No.102/2021.

4. It is submitted on behalf of the counsel for the petitioner that the suit from which the present petition arises was filed under Order XXXVII of the CPC and as a Commercial Suit in terms of the Commercial Courts Act, 2015. Summons were issued in the suit in Form No.4 to Appendix B of the Code of Civil Procedure, 1908 (CPC), as prescribed for suits under Order XXXVII of the CPC, to be served at the addresses of the defendant in Delhi and Gurgaon.

5. It was noted by the Commercial Court in the order dated 4th March, 2021 that the defendant has been duly served in the matter, yet the defendant has failed to enter appea