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Supreme Court

Supreme Court Allows Appeal Against Rejection of Counter-Claim Under Order VII Rule 11 CPC — Counter-Claim Not Barred by Carriage by Road Act, 2007 as It Arose from Same Transaction and Was Not Excluded by Special Law. The Court held that a counter-claim for damages for loss of business opportunity, reputation, and idling of resources is not barred by Section 23 of the Carriage by Road Act, 2007, as such claims are not within the jurisdiction of the Claims Tribunal.

1 May 2023

The appellant, ESSEMM Logistics, was the first defendant in a suit filed by the first respondent, DARCL Logistics Limited, for recovery of Rs.4,09,53,...

High Court

High Court of Bombay at Goa Upholds Exclusion of Counter-Claim for Damages in Divorce Petition Under Law of Divorce. Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.

2 May 2014

The case involves a writ petition filed by Kiru Sadashiv Porob alias Ajit Sadashiv Porob challenging an order dated 25.2.2013 passed by the Senior Civ...

High Court

Bombay High Court Allows Amendment of Written Statement to Include Counterclaim in Specific Performance Suit — No Bar Under Order VIII Rule 6A CPC for Counterclaim Arising After Filing Suit. The court held that a counterclaim arising after the suit but before filing of written statement can be introduced by amendment under Order VI Rule 17 CPC, and such counterclaim is not barred by limitation if filed within three years under Article 113 of the Limitation Act, 1963.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, was the defendant in Special Civil Suit No. 85/2001/C filed by the respondent, Mr. Porus Adi Dotor, seeking s...

High Court

Bombay High Court Allows Counter Claim Amendment in Cooperative Bank Dispute — Petitioner's Right to Raise Counter Claim Upheld Despite Bank's Withdrawal of Suit. The court held that the defendant's amendment to bring a counter claim cannot be rejected merely because the plaintiff sought to withdraw the suit, especially when the suit was later dismissed for non-prosecution.

11 Feb 2015

The petitioner, Shri Girish Manohar Mokashi, was the original respondent No.2 in a suit filed by the Dombivli Nagari Sahakari Bank Ltd in 1995. The pe...

High Court

Bombay High Court Allows Appeal Against Rejection of Counter Claim in Specific Performance Suit. Counter Claim Filed Within Limitation Period as Cause of Action Arose from Termination of Agreement and Filing of Suit.

23 Nov 2010

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 24 November 2006, which allowed a motion for rejection of a co...

High Court

Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

3 Apr 2014

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

High Court

Bombay High Court Allows Amendment of Counter Claim in Civil Suit — Petitioner, as Special Officer Appointed by Supreme Court, Permitted to Amend Counter Claim to Include Relief of Possession Under Order 8 Rule 6A CPC. The amendment was necessary for effective adjudication and to avoid multiplicity of proceedings.

27 Jul 2011

The petitioner, M/s N.C. Banerjee and Company, a firm of Chartered Accountants, was appointed as Special Officer by the Supreme Court of India to enli...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

16 Aug 2013

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

High Court

Bombay High Court Sets Aside Arbitral Award Rejecting Counter Claim for Non-Payment of Fees — Arbitral Tribunal Cannot Reject Counter Claim Without Separate Fee Schedule for Counter Claim

3 Dec 2013

The petitioner, M/s Gammon India Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award d...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

28 Feb 2025

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

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