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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
Anupama Wine Distributors – Appellant
Versus
Tilak Nagar Industries Limited – Respondent
ORDER :
S VISHWAJITH SHETTY, J.
1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 01.03.2021 passed on IA.nos.10 & 11 in Com.O.S.No.8311/2017 by the Court of LXXXII Addl. City Civil & Sessions Judge, Bengaluru.
2. Heard the learned Counsel for the parties.
3. Suit in Com.O.S.No.8311/2017 is filed by the petitioner herein before the jurisdictional Commercial Court at Bengaluru, seeking a decree for recovery of money.
4. Defendant no.1 has filed written statement opposing the suit claim and also has raised a counter claim for recovery of a sum of Rs.11,93,16,733/- with interest at 18% per annum from the plaintiff.
5. Plaintiff has filed separate written statement to the counter claim made by defendant no.1 as provided under Order VIII Rule 6A of CPC.
6. Based on the rival pleadings, the Commercial Court has framed Issues in the suit.
7. On the Issues in which the onus is on the plaintiff to prove the same, plaintiff had examined one witness as PW-1 and the said witness was cross-examined on behalf of the defendant. Thereafter, the defendant had examined one witness to prove the counter clai
In counter-claim scenarios, a plaintiff has the inherent right to lead rebuttal evidence after the defendant's evidence, regardless of prior explicit reservation, as per procedural rules.
Counterclaims may be allowed after closing evidence if justified by circumstances; procedural rules must serve justice.
Procedural due process requires all parties be notified of court hearings to ensure fair representation in proceedings.
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
A counterclaim directed solely against a co-defendant is typically impermissible; however, if it intertwines with a plaintiff's claim, it may hold validity under commercial agreements.
Counter-claim by defendant – Though normal rule is that subsequent to filing of written statement, counter-claim cannot be filed after issues have been framed, under exceptional circumstances, counte....
A counter claim must be filed within the limitation period applicable to plaints, and failure to do so results in rejection of the claim.
A defendant cannot file a counterclaim against a co-defendant under the CPC, as the provisions only allow counterclaims against the plaintiff.
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