ORAL ORDER

This petition by the defendant in Com.O.S.No.1408/2023 is directed against the impugned order dated 25.06.2025 passed on I.A.No.3 by the commercial court, wherein the said application filed by the petitioner seeking amendment of the written statement by incorporating a counter claim was rejected by the commercial court by holding that in the light of the Three Judges Bench judgment of the Apex Court in the case of Ashok Kumar Kalra vs. Wing CDR.Surendra Agnihotri and others – (2020) 2 SCC 394 , the counter claim by way of proposed amendment sought to be incorporated beyond 04.02.2025 subsequent to the 1^st respondent – plaintiff having commenced his evidence by way of Affidavit in lieu of examination-in-chief on 07.01.2025 was dismissed by the commercial court by holding as under:-

“The plaintiff has filed this suit praying the Court to pass a judgment and decree against the defendants directing them to pay a sum of `.2,83,78,966/- along with the interest @ 18% p.a. from the date of filing the