CANARA BANK Vs. ASSOCIATED FOUNDERS

JUDGEMENT

(1.) AGGRIEVED against the order passed by the Presiding Officer, DRT, Bangalore, in allowing the IA permitting the 2nd defendant with regard to enhancement of counter claim, this appeal has been preferred by the appellant Bank.

(2.) The Counsel for the appellant Bank submits that original counter claim was filed for Rs. 5,000/- and now it has been enhanced to Rs. 5,83,711.81 p. and after filing the counter claim originally, all of a sudden it cannot be raised and the order passed by the Presiding Officer, DRT, permitting the 2nd defendant for enhancing the counter claim is not sustainable.

(3.) THE Presiding Officer, DRT, Bangalore has found that the counter claim made earlier was so wide in terms that it encompassed not only Rs. 5,000/- ostensibly appeared in numerals but also the entire suit claim and accordingly allowed the counter claim.