ORDER :

Petitioner being the plaintiff in a money suit in Com.O.S.No.7213/2012 is at the door steps of the Writ Court for assailing the order dated 10.11.2020 a copy whereof is at Annexure-A whereby the learned LXXXII Addl. City Civil Judge, Bengaluru, having allowed respondent-defendant’s application in I.A.No.IV filed u/o VI Rule 17 r/w Sec. 151 of CPC, 1908 has accorded leave to amend the Written Statement for incorporating a Counterclaim therein; the respondent having entered caveat through it’s counsel, opposes the Writ Petition.

2. Material Facts:

Petitioner company filed the subject suit on 5.10.2012 for a money decree in a sum of Rs.270,11,91,123/-; respondent-company resisted the suit by filing the Written Statement on 17.04.2013; long thereafter i.e., on 29.07.2016, it filed the Application in I.A.No. IV u/o VI Rule 17 r/w section 151 of CPC, 1908 seeking leave to introduce the Counterclaim in the Written Statement by way of amendment; the Counterclaim by way of damages is in a sum of Rs.1172.79 crores, with interest at the rate of 18% per annum; apparently, it is founded on the fact matrix which is substantially anterior to the institution of the suit; this was objected to