HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11700 of 2025 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Heard learned counsel for the petitioner and Mr. Nipun Singh for the respondents. By means of present petition, the petitioner is assailing the order dated 5.8.2025 passed by the commercial Court no. 1, Gautam Budh Nagar in Original Suit No. 199 of 2022 (A.S. Enterprises Vs. Anirudh Cartons Private Limited and others). Learned counsel for the petitioner submits that plaintiff-respondent no. 1 has filed Original Suit No. 199 of 2022 before the Commercial Court for recovery of Rs. 22,22,334/- in which the petitioners-defendant appeared in the suit and filed their written statement and 19.1.2024 was the date fixed for arguments but due to some inadvertence, the petitioners -defendants were not present on the date fixed and the trial court has passed the exparte order dated 19.1.2024. He submits that when the petitioners-defendants came to know about the order dated 19.1.2024, they filed an application under Order 9, Rule 7 CPC for recall of the order but the said application has been rejected by the impugned order dated 5.8.2024. He submits that the original suit will be decided expeditiously but if the application under Order 9, Rule 7 CPC will not be allowed, they will face serious consequences. Mr. Nipun Singh, has vehemently opposed the said prayer. Versus Counsel for Petitioner(s) : Sachin Malik, Yogendra Kumar Srivastava Counsel for Respondent(s) : Nipun Singh Anirudh Cartons Private Limited And 2 Others .....Petitioner(s) A.S. Enterprises A Parternship Firm Registerd Office K-10 And 2 Others .....Respondent(s) Looking to the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the petitioner defendants to deposit a cost of Rs. 10,000/- within two weeks from today before the trial court, which shall be released in favour of the plaintiff-respondent. The order dated 5.8.2025 passed by the commercial Court no. 1, Gautam Budh Nagar in Original Suit No. 199 of 2022 (A.S. Enterprises Vs. Anirudh Cartons Private Limited and others) is hereby recalled subject to deposit of cost as mentioned herein above. The commercial Court is directed to decide the aforesaid case in accordance with law expeditiously. The parties herein undertake to appear on the date fixed before the Commercial Court and further they will not take any unnecessary adjournment. September 24, 2025 Rahul Dwivedi/- A227 No. 11700 of 2025 2 (Piyush Agrawal,J.) Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad