Code of Civil Procedure, 1908–Sec. 151–Commercial Courts Act, 2015–Application u/s. 151 with the averments that the petitioner has assailed the order passed on the application under Order 7, Rule 11, therefore, the hearing of the case should be adjourned–The Court below dismissed the application and closed the defence of the petitioner as well as the counter-claim was ordered to be struck off from the record–Penalizing the petitioner by closing his defence and striking off the pleadings on counter-claim will be too harsh and will render him defenceless–Impugned order deserves to be quashed and set aside.
