CENTRAL BANK OF INDIA Vs. JUMBO ENGINEERING PVT LTD

JUDGEMENT

(1.) HEARD both the Counsels for applicant Bank as well as the defendants on 26.9.2002 and perused the written arguments filed by both the parties.

(2.) The sole issue arises lor consideration is whether leave can be granted at this stage for filing counter claim by the defendants.

(3.) THE main arguments on behalf of the applicant Bank are that under Section 19(8) counter claim can be set up only before the defendant has delivered his defence or before the time limited for delivery of defence has expired. It has been pointed out that defendants have filed their written statement much before on 12.9.2000 in which defence has been set up and pleaded and also the fact remains that the applicant Bank has already filed their evidence, and therefore, counter claim cannot be filed at this belated stage. THE learned Counsel further argued that counter claim should be filed at the earliest and in case leave is allowed at this stage prejudice will be caused to the applicant Bank. THE Bank has relied on various case laws such as AIR 1991 Karnataka 283, 2001 ISJ (Banking) 598, AIR 1989 Orissa 50 and orders dated 24.5.2000 of DRT, Patna in PT No. 169/98, which was confirmed by the Hon'ble DRAT, Kolkata.