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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Sanchaya Land And Estates Pvt. Ltd., Represented By Its Authorised Signatory, Mr. Dastagir Shariff, S/o. Noorulla Shariff – Appellant
Versus
HDFC Bank Ltd. – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner-defendant No.2, who is common in both these petitions, is at the doors of this Court calling in question two separate orders passed by the Commercial Court in Commercial O.S.No.145 of 2023 and Commercial O.S. 146 of 2023, both dated 03-09-2025, by which the applications filed by the petitioner in I.A.Nos.24 and 25 under Order VII Rule 11 of the CPC, in the respective suits, seeking rejection of the counter claim made by the 1st defendant come to be rejected. For the sake of convenience, the facts obtaining in Civil Revision Petition No.679 of 2025 would be narrated.
2. Heard Sri S.Manjunath, learned counsel appearing for the petitioner, Sri S.Varun, learned counsel appearing for respondent No.1 and Sri Shivaraj N. Arali, learned counsel appearing for respondent No.2.
3. Facts in brief, germane, are as follows:
3.1. 1st respondent-plaintiff / Housing Development Corporation is said to have sanctioned a housing loan to the 2nd respondent-1st defendant for purchase of an apartment in the apartment project “The Greens” of the petitioner-defendant No.2. A sale agreement, construction agreement and a tripartite agreement come to be executed between th
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.
A defendant cannot file a counterclaim against a co-defendant under the CPC, as the provisions only allow counterclaims against the plaintiff.
(1) Counter-claim – Relief of specific performance cannot be set up by way of a counter-claim.(2) Counter-claim is treated as a cross-suit and is governed by rules applicable to plaints, including ob....
Plaintiffs have an unqualified right to abandon parts of their claims without court permission, overriding objections from co-defendants regarding counter-claims.
Counter claims in partition suits must be directed against the plaintiff; co-defendants cannot initiate claims solely against each other without notice, as all parties have interchangeable roles.
A counterclaim in a partition suit must be against the plaintiff; failing to notify co-defendants constitutes a violation of natural justice, rendering any ex parte decree unsustainable.
Counterclaims against co-defendants are not maintainable, reaffirming Supreme Court precedent.
The court has the discretion to entertain filing of the counter claim after the written statement, but such filing should not be done at a highly belated stage. The court should consider various fact....
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