O R D E R

The civil revision petition is filed to set aside the impugned adjudication dated 21.09.2023 and permit the revision petitioner to file her written statement in C.O.S.No.1909 of 2022 on the file of the Commercial Court, Chennai within a time frame.

2. The petitioner is the defendant and the respondent is the plaintiff in C.S.No.478 of 2017. The respondent/plaintiff has originally filed a civil suit before this Court in CS.No.478 of 2017. Due to the enhancement of pecuniary jurisdiction, the said suit was transferred to the file of XX Additional City Civil Court, on 17.04.2021, and re-numbered as O.S.No.3423 of 2021. Subsequently, considering the nature of the dispute, the Registry of City Civil Court, Chennai transferred the said suit to the Commercial Court on 08.12.2022 and re-numbered the suit as C.O.S.No.1909 of 2022 and taken on the file of the Commercial Court, Egmore, Chennai on 14.12.2022. The Trial Court, without granting time to the petitioner for filing written statement in a transferred case, by its order dated 21.09.2023, recorded as follows:

"Written Statement not filed time line already expired. The defendant forfeited their right to file the written statement. For further proceedings. 01.12.2023. IA 1/21-For Enquiry

01.12.2023."

3. Challenging the said order, the petitioner has filed the present civil revision petition.

4. Learned counsel for the petitioner submits that the Trial Court has recorded that the petitioner has forfeited her right to file written statement. Hence, the petitioner has filed the present civil revision petition, as the order dated 21.09.2023 is not in compliance with the requirement of Section 15 (4) of the Commercial Court Act, 2015 (hereinafter referred to 'the Act of 2015'). Therefore, the order of the Commercial Court is liable to be set aside.

5. Learned Standing Counsel for the respondent/plaintiff submits that the respondent/plaintiff has no objection for granting time to the petitioner/defendant, for filing written statement, by the Commercial Court.

6. Heard the learned counsel for the parties and perused the materials available on record.

7. The facts reveal that the petitioner is the defendant and the respondent is the plaintiff in C.S.No.478 of 2017. The respondent/plaintiff has originally filed the civil suit before this Court in CS.No.478 of 2017. Due to the enhancement of pecuniary jurisdiction, the said suit was transferred to the file of XX Additional City Civil Court, on 17.04.2021 and re-numbered as O.S.No.3423 of 2021. Subsequently, considering the nature of the dispute, the Registry of City Civil Court, Chennai transferred the said suit to Commercial Court on 08.12.2022 and re-numbered the suit as C.O.S.No.1909 of 2022 and taken on the file of the Commercial Court, Egmore, Chennai on 14.12.2022.

8. According to the petitioner, the Commercial Court, without granting time for filing written statement in the transferred case, by its order dated 21.09.2023, has recorded that the petitioner/defendant has forfeited her right to file written statement. Therefore, the said order is not in compliance with the requirement of Section 15 (4) of the Act of 2015. 9. It is necessary to extract Section 15(4) of the Act of 2015. The section reads as under:

(4) The Commercial Division or Commercial Court, as the case may be, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance with Order XV-A of the Code of Civil Procedure, 1908 (5 of 1908):

PROVIDED that the proviso to sub-rule(1)

of Rule 1 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not apply to such transfered suit or application and the court may, in its discretion, prescribed a new time period within which the written statement must be filed.

10. Admittedly, the original suit has been transferred from XX Additiona