JUDGMENT

The petitioner concedes that he had not filed his written statement in C.S.No.183/2022, filed by the respondent herein before the Commercial Court-III, Ernakulam, within the statutorily mandated period of 120 days. He says that the learned Commercial Court, however, had set him ‘ex parte’ much earlier on 28.10.2022; and therefore, that he moved applications to set aside the afore order and to permit him to file a written statement; but, which has been dismissed through Ext.P6 order, and thus impugns it as being illegal and unlawful

2. Sri.Ajith Viswanathan – learned counsel for the petitioner, vehemently argued that, when his client had already been set ‘ex parte’ by the Trial Court, the finding in Ext.P6 - that he can continue to defend the proceedings and also to cross-examine the witnesses of the plaintiff – is rendered nugatory. He contented that, this is more so because, when his client is not allowed to file written statement, his defence would be without any feet to stand on;

and thus prayed that Ext.P6 be set aside.

3. Sri.Reji George – learned counsel for the respondent/plaintiff, in response, submitted that it has already been well settled - without requirement for r