JUDGMENT

RAVINDER DUDEJA, J.

1. This is a petition under Article 227 of the Constitution of India read with Section 151 Code of Civil Procedure , 1908 [“CPC”], seeking to set aside the order dated 19.01.2024 passed by the learned District Judge, Commercial Courts-01, Tis Hazari Courts in CS (Comm) No. 2242/2022, whereby the petitioner’s application under Order VII Rule 11 CPC was dismissed and right to file the written statement was closed.

2. The petitioner availed a loan of Rs. 35,00,000/- from the respondent and entered into a Loan Agreement dated 18.03.2019, pledging 13,113 fully paid-up equity shares of M/s Trishul Dream Homes Ltd. Subsequently, the respondent filed a recovery suit bearing CS (Comm) No. 2242/2022 on 22.09.2022 before the Commercial Court at Tis Hazari, without filing a valid board resolution against the petitioner herein, inasmuch as, the board resolution filed by the respondent-company is qua M/s Trishul Dream Homes Ltd. and not qua the petitioner. The application under Order VI Rule 17 CPC was allowed on 22.10.2022 and suit was treated as an ordinary suit upon the counsel’s statement. The petitioner filed an application under Order VII Rule 11 CPC for rejection