JUDGMENT :

Pankaj Mithal, J.

1. Leave granted.

2. Heard Mr. Anand Sanjay M. Nuli, learned advocate appearing for the appellant and Mr. Manu Beri, learned Advocate appearing for the first respondent.

3. The appellant (ESSEMM Logistics), who was the first defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exercise of power available under Order VII Rule 11 of the Civil Procedure Code, 1908 (in short “CPC”) by the Court of first instance which order has been upheld by the High Court.

4. The first respondent (DARCL Logistics Limited) was the plaintiff who instituted original suit No.79 of 2013 (DARCL Logistics Limited Vs. ESSEMM Logistics & Anr.) for a recovery of sum of Rs.4,09,53,847/- with interest at the rate of 18% till its realisation, since the first defendant – appellant failed to make payments due as per 530 bills raised during the period 14.11.2011 to 31.01.2012.

5. In the said suit, the first defendant – the appellant herein entered appearance and filed its written statement with counter-claim of Rs.13,04,00,000/- with interest at th