1/3 65-WP-6515-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.6515 OF 2026 EJAJ KHAN AJIJ KHAN PATHAN VS STATE OF MAHA., THR.SEC. DEPT. OF REVENUE AND FOREST MANTRALAYA, MUMBAI AND ORS. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. S. Kukday, Advocate for petitioner. Shri C. A. Lokhande, AGP for respondent Nos.1 to 3. CORAM : NANDESH S. DESHPANDE, J. DATED : 8th September, 2026 P. C. Heard. 2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties. 3. The present petition challenges order dated 31/07/2026 passed in Commercial Suit No.1/2021. By way of said order the District Judge-1, Gadchiroli allowed the application filed by the defendants seeking to set aside ex-parte orders dated 17/11/2022 and 22/12/2023 respectively and also granted permission to file their written statement. 4. Shri V. S. Kukday, learned counsel for the petitioner submits that the order is in teeth of judgment in SCG Contracts (India) Private Limited vs. K. S. Chamankar Infrastructure Private Limited and ors. (2019) 12 SCC 210. He submits that the Hon’ble Apex Court has observed in the said judgment that as far as commercial suits are concerned, time to file written statement 2026:BHC-NAG:12132 2/3 65-WP-6515-26.odt cannot be extended and the period of 120 days is mandatory. 5. Shri C. A. Lokhande, learned Assistant Government Pleader counters this submission and supports the impugned order. 6. I have gone through the impugned order of the trial Court. It seems that the trial Court has proceeded as if the suit is a regular civil suit and not a special suit governed under the provisions of Commercial Courts, Act. The order is in contravention of the observations of the Hon’ble Apex Court referred supra. 7. However, as far as setting aside ex-party orders is concerned, same needs to be maintained. In that view of the matter, following order is passed : (a) Writ Petition is partly allowed. (b) Permission to file written statement as sought by the defendants is rejected. However, as far as setting aside of ex- parte orders are concerned, the order is maintained. 8. Rule accordingly. 9. Writ Petition is disposed of. No order as to costs. (NANDESH S. DESHPANDE,J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 13/09/2026 14:46:08