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High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

30 Aug 2013

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

High Court

Bombay High Court Allows MCGM's Appeal Against Arbitrator's Dismissal of Counter Claim at Threshold - Limitation for Counter Claim in Arbitration. The court held that the Arbitrator erred in dismissing the counter claim on limitation without a full trial, as the counter claim related to the same contract and was filed before conclusion of proceedings.

21 Jan 2020

The Municipal Corporation of Greater Mumbai (MCGM) appealed against an order of a sole Arbitrator dated 23rd June 2009 dismissing its Counter Claim at...

High Court

High Court of Bombay at Goa Allows Amendment of Counter Claim in Property Dispute — Amendment Sought to Amplify Existing Plea, Not Change Nature of Suit. The court held that the trial court erred in rejecting the amendment application without specifying how the character of the suit would change, and that the bar under Order 8 Rule 6A CPC applies only to filing a counter claim after written statement, not to amendments.

21 Jun 2013

The petitioners, Joao Felicio Rodrigues and Querobina Mildred Rodrigues, filed a writ petition challenging an order dated 9 January 2013 passed by the...

High Court

Bombay High Court Allows Amendment of Written Statement to Incorporate Counter Claim for Possession Based on Subsequent Events. The court held that a counter claim based on a cause of action accruing after the suit can be entertained under Order 8 Rule 6A of CPC.

13 Sep 2006

The petitioner, Sheshrao Sable, was the original defendant in Regular Civil Suit No. 18 of 2004 filed by respondent No. 1, Ganesh Sable, for declarati...

High Court

High Court of Karnataka Allows Plaintiff to File Written Statement to Counterclaim in Recovery Suit — Sets Aside Trial Court Order Dismissing IA No.7 as Not Maintainable. Section 151 CPC Inherent Power Can Be Invoked to Permit Filing of Written Statement to Counterclaim When No Specific Provision Bars It.

23 Nov 2016

The petitioner, Sri Dora Babu, was the plaintiff in O.S.No.4663/2010 pending before the XVII Additional City Civil & Sessions Judge, Bangalore. The su...

High Court

Bombay High Court Allows Appeal on Court Fees Computation for Counter Claim in Property Suit — Directs Computation on Appellants' Share Only. Court fees under Section 6(iv)(ha) of Bombay Court Fees Act, 1959 to be computed on value of property only to extent of appellants' share in counter claim seeking declaration that agreement to assign is void.

15 Oct 2013

The appeal arose from an order of the learned Single Judge dated 1 April 2013 on a Chamber Summons taken out by the appellants to set aside an order o...

High Court

Bombay High Court Allows Writ Petition in CPC Counter-Claim Procedure — Plaintiff Must File Written Statement to Counter-Claim Within 30 Days Under Order VIII Rule 1 CPC. Order VIII Rule 1 CPC Applies to Plaintiff's Written Statement to Counter-Claim Under Order VIII Rule 6A CPC, and Non-Compliance Can Lead to Striking Off Defence.

14 Jun 2011

The petitioner, Shriram EPC Ltd., was the original plaintiff in a suit for specific performance and alternative money decree. The respondent, Maharash...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Tribunal's Interim Order on Limitation of Counterclaim in NSE Arbitration. Court holds that interim orders on limitation are not amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996.

5 Mar 2012

The petitioner, India Infoline, a registered trading member of the National Stock Exchange of India Ltd. (NSE), entered into an agreement with the res...

Supreme Court

Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

19 Jul 2026

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Counter Claim in Property Suit — No Prejudice to Plaintiff Despite Delay. Amendment to Include Relief for Possession of Additional Area Held Not to Change Nature of Suit or Cause Irreparable Injury.

21 Jun 2011

The petitioner, Radhakisan Agrawal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.11.201...

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