COMMERCIAL APPEAL No. 4 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD COMMERCIAL APPEAL No. - 4 of 2026 M/s Shyam Traders .....Appellant(s) Versus Kritagya Stone Pvt. Ltd .....Respondent(s) Counsel for Appellant(s) : Prathamesh Upadhyay Counsel for Respondent(s) : Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal under Section 13(1A) of the Commercial Courts Act, 2005 ('Act') is directed against order dated 12.12.2025 passed by Commercial Court No. 1, Gautam Buddh Nagar, whereby the application filed by the appellant under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Order IX Rule 13 C.P.C. has been dismissed and as a consequence, the application also has been dismissed. 2. The Civil Original Suit No. 153 of 2022 was filed by the respondent- plaintiff in which the appellant, on being served, appeared through counsel, wherein on account of non-appearance of the defendant or his counsel, the suit was ordered to be proceeded ex-parte and was decreed on 20.10.2023. 3. The present application under Order IX Rule 13 C.P.C. was filed on 11.07.2025 along with an application seeking condonation of delay with the averment