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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
R.Radha Huf, Rep. By Its Kartha R.Radha @ Radha Ramalingam – Appellant
Versus
B.Niranjani – Respondent
ORDER :
S. SOUNTHAR, J.
The Civil Revision Petition is filed challenging the order passed by the District Judge, Commercial Court, Salem in Check Slip dated 24.06.2025 in Filing No.COS/55/2023 in C.O.S.No.10 of 2023 returning the counter claim filed by the petitioners/defendants together with written statement on the ground that the counter claim was not maintainable when the suit is in the stage of trial.
2. The respondent herein filed a Commercial Suit in C.O.S.No.10 of 2023 against the petitioners for recovery of money to the tune of Rs.2,84,85,962/- based on Promissory Notes dated 07.09.2020 and 18.02.2021. The petitioners/defendants filed C.R.P.No.2123 of 2023 seeking to strike off the plaint on the ground that the plaintiff failed to exhaust the mandatory pre-litigation process under Section 12-A of the Commercial Courts Act, 2015. The said civil revision petition was heard along with other connected civil revision petitions and the plaint was ordered to be struck off for non-compliance of Section Section 12-A of the Commercial Courts Act, 2015. Aggrieved by the said order passed by this Court, the Special Leave Petitions in S.L.P.(C).Nos.28226-28227 of 2023 were filed before th
Counter claims must be filed before the settlement of issues in a trial stage; filing after issues are settled is not maintainable.
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from the court.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The mandatory period of 120 days for filing Written Statements applies to Counter-claims, and improper service of the Counter-claim prevents the limitation period from commencing.
The timeline for filing replies to counter claims under the Commercial Courts Act is strictly 120 days, and extensions must adhere to the provisions of the Civil Procedure Code.
When court had no discretion to disobey mandate of law namely, Section 3(i) r/w 3(2)(b)(ii) of Limitation Act, 1963, and therefore, it could not have granted leave to make a Counterclaim by amending ....
The court upheld the trial court's discretion in allowing a late written statement against a counter-claim, emphasizing that no fixed period was established for its submission.
A counter-claim cannot be permitted after the framing of issues unless exceptional circumstances exist, which were not present in this case.
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