Sunil Nemchand Shah And Anr vs Sujaya Udayshil Mohite And Ors
2022 Latest Caselaw 1922 Bom

                       (909)-WP-1818-22.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
          signed by
                                       CIVIL APPELLATE JURISDICTION
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL

                                          WRIT PETITION NO.1818 OF 2022
          Date:
          2022.02.25
          09:55:18
          +0530




                       Shri. Sunil Nemchand Shah and Ors.                   ..Petitioners
                             Versus
                       Sujya Udayshil Mohite and Ors.                       ..Respondents

                       Mr. Suyash Sule i/by Drupad S. Patil a/w Prasad G. Keluskar, for the
                       Petitioners.


                                                      CORAM : NITIN W. SAMBRE, J.

DATE : 24th FEBRUARY, 2022

P.C.

1. Heard Mr. Suyash Sule, learned counsel for the petitioners/plaintiffs.

2. He would invite attention of this Court to the following events in the suit viz. written statement was submitted on 18 th March, 2015 and the consequences of which issues were framed on 25th July, 2015. According to him, counterclaim alongwith written statement was tendered on 20th December, 2017 i.e. almost after one and half year of filing of written statement. He would further urge that the temporary injunction was granted by this Court on 18 th January, 2017 in which the cause of action has been duly considered.

BGP. 1 of 2 (909)-WP-1818-22.doc.

3. Relying on the judgment of the Apex Court in the matter of Ashok Kumar Kalra Vs. Wing Cdr. Surendra Agnihotri and Ors. delivered in SLP(C) No.23599 of 2018 on 19 th November, 2019 he would urge that the Court below committed an error of jurisdiction thereby permitting lodging of counterclaim contrary to the scheme of Order VIII Rule 6A of CPC.

4. In that view of the matter, issue notice to the respondents, for final disposal, returnable on 24th March, 2022.

                                         [NITIN W. SAMBRE, J.]




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