ORDER (ORAL)

1. Petitioner/defendant has assailed order dated 17.10.2025 of the learned commercial court, whereby the Written Statement (which had earlier been taken on record subject to payment of cost), was taken off the record on account of non-payment of cost. Having heard learned counsel for petitioner/defendant, I do not find it a fit case to even issue notice.

2. It appears that in the commercial suit, the Written Statement was not filed by the petitioner/defendant in time. By way of order dated 07.08.2025, application of petitioner/defendant under Order VIII Rule 1 CPC was allowed and delay in filing the Written Statement was condoned subject to payment of cost; and since the counsel for respondent/plaintiff submitted that he was not inclined to file replication, process of admission/denial of documents was taken up, but since neither the authorized representative nor the main counsel for petitioner/defendant was present, nor even the documents of the defendant were with the Written Statement, the suit was adjourned after closing the opportunity to admit or deny the plaintiff’s documents. On the next date, 01.09.2025 also, the cost was not paid and application under Order XII