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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Mold Tek Packing Ltd. – Appellant
Versus
SD Containers – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] Heard on the objection raised by the counsel for the defendant as has been noted by this Court on 28.08.2024, which reads as under:-
“Shri Prakhar Karpe, counsel for the defendant has submitted that the written statement to the counter-claim is barred by limitation and cannot be allowed and has also relied upon a decision rendered by the Supreme Court in the case of SCG Contracts India Pvt. Ltd. Vs. K. S. Chamankar Infrastructure Pvt. Ltd. and Ors. reported as AIR 2019 SC 2691. Since the objection has not been taken in writing, thus, counsel for the plaintiff seeks and is granted a week's time to advance arguments.
List the matter on 04.09.2024.”
2] On perusal of the record, it is found that the counter-claim in the present case was filed by the defendant on 02.03.2020, whereas counsel for the plaintiff has sought time to file reply to the same. Time to file reply to the counter claim was firstly granted on 30.12.2012, and thereafter, on other occasions also, and lastly on 03.04.2023, directing that one more opportunity to file reply to counter-claim is granted, and the matter was listed on 26.04.2023. In between, on 17.04.2023, the reply to the counter-
The court has discretion under CPC provisions to allow extensions for filing replies to counter-claims, affirming flexibility over rigid limitations.
The court ruled that discretion is preserved in allowing plaintiffs to file written statements to counter-claims beyond the 90-day limit if permitted by the court.
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.
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 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.
A counter-claim can be filed after the written statement if the cause of action arose prior to or during the suit, subject to judicial discretion to avoid prejudice.
Counter-claims must be timely and justified; substantial delay without explanation can result in rejection, although courts retain discretion to evaluate circumstances.
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