This petition filed under Article 227 of the Constitution takes

exception to the order dated 13.09.2022 whereby the Commercial

Court, Bhopal declined to take the written statement of the petitioner

on record by holding that it is filed with undue delay.

The admitted facts between the parties are that the respondent/

plaintiff filed a Class-B suit before District Court, Betul on 21.01.2019

which was registered as RCS-1B/19. After Commercial Courts Act,

2015 (Act of 2015) came into being, the said suit was transferred to

Commercial Court, Bhopal on 31.07.2021 and was re-registered on

18.04.2022 as case No. COMMS/06/2022. The petitioner/defendant

upon re-registration of the matter under the Commercial Courts Act

before Commercial Court, Bhopal submitted his written statement on

13.09.2022. The learned Commercial Court by the impugned order

dated 13.09.2022 rejected the same by taking into account the

judgment of Supreme Court in (2019) 12 SCC 210 [SCG Contracts

(INDIA) Private Ltd. Vs. K.S. Chamankar Infrastructure Private

Limited and Ors]. The Court below further held that merely because

an application filed under Order VII Rule 11 CPC of

petitioner/defendant was pending, it canno