Minex Metallurgical Co. Ltd., ... vs R.L. Steel And Energy Limited, ...
2021 Latest Caselaw 14865 Bom

wp7434.18                                                                                             1
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR


                           WRIT PETITION NO. 7434/2018
                                    Minex Metallurgical Co. Ltd.
                                            ...VERSUS...
                                  R.L. Steel & Energy Ltd. & anr.
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Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                            Shri R.M. Bhangde, Advocate for the petitioner(s)
                            Shri M.R. Joharapurkar, Advocate for the respondent no. 1


                           CORAM : AVINASH G. GHAROTE, J.

OCTOBER 11, 2021

The present petition which is filed by the original plaintiff challenges two orders, one of the orders is on Exhibit 23, which is an application for amendment filed by the defendant, for amendment of the written statement, which has been allowed by the impugned order dated 29/08/2018.

Mr. Bhangde, learned counsel for the petitioner, taking exception to the same, submits that the reason given for the amendment, is incorrect and false as blame is sought to be laid on the doorstep of the counsel, which according to him, is not correct. It is an admitted position that in the instant matter, the trial is yet to commence, as the evidence is yet to begin, in view of which, I do not see any reason to interfere with the order

ANSARI

dated 29/08/2018 passed below Exhibit 23 permitting amendment of the written statement.

The other order, impugned is of the same date i.e. 29/08/2018 passed below Exhibit 22, which is an application by the defendant seeking to file a counter claim, by way of amendment to the written statement, which has been permitted by the Trial Court.

Mr. Bhangde, learned counsel for the petitioner, relying upon Ashok Kumar Kalra vs. Wing CDR. Surendera Agnihotra & others, (2020) 2 SCC 394 (Para 21), which is a judgment by a three Judges Bench of the Hon'ble Apex Court, which by majority in Para 21, holds that the outer limit for filing the counter claim is pegged till the issues are framed, submits that since the issues are already framed on 21/07/2017 as against which the application at Exhibit 22 for filing the counter claim by way of amendment, had been made on 02/11/2017, the same would stand squarely covered by the majority view in Ashok Kumar Kalra (supra).

Mr. Joharapurkar, learned counsel for the respondent no. 1 seeks a short adjournment to counter this argument.

List the matter on 14/10/2021.

(JUDGE)

ANSARI