- (1.) The question that arises for consideration in the present petition is, as to whether the Court of Judge Special Commercial Court, Nagpur (Trial Court) was justified in permitting respondent No.1 to raise counter claim, after having already filed written statement in the suit for recovery filed by the petitioner.
(2.) The petitioner filed Special Civil Suit (Commercial) No. 12/2017, against the respondents for recovery of specific amount towards payment of contract work, damages, loss of tools, etc. along with future interest @ 18% p.a. The petitioner filed the suit on 30/03/2017 and respondent No.1 was served with summons on 05/06/2017. The respondent No.1 filed its written statement before the Trial Court on 28/06/2017. Thereafter, on 11/12/2017, the respondent No.1 filed an application for amendment of written statement to incorporate the counter claim. By the proposed amendment, the respondent No.1 intended to incorporate the counter claim against the petitioner on the basis that it was not liable to pay amount claimed by the petitioner and on the contrary it was entitled to recover a specific amount from the petitioner, the details of which were given in the proposed counter claim. The petitioner filed reply to the said application and sought dismissal of the same by contending that the counter claim was an after thought, pertaining to transaction of the year 2013 and further that since the suit filed by the petitioner was a commercial suit, it was to be decided within a stipulated time frame and that no such counter claim could be permitted to be incorporated.
(3.) By the impugned order date 11/01/2018, passed by the Trial Court, the application for amendment to incorporate the counter claim filed by respondent No.1 was allowed, subject to the condition of the respondent No.1 paying costs of Rs.5,000/-. The petitioner filed the present writ petition challenging the said order wherein notice was issued for final disposal on 21/03/2018 and in the meantime the proceedings before the Trial Court were stayed.;