HIGH COURT OF KARNATAKA
KRISHNA S DIXIT
M/S JSW STEEL LIMITED – Appellant
Versus
MYSORE MINERALS LIMITED – Respondent
WP/15190/2020
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.15190 OF 2020(GM-CPC)
BETWEEN:
M/S JSW STEEL LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT AND
HAVING ITS REGISTERED OFFICE AT
JINDAL MANSION, 5A,
DR G DESHMUKH MARG,
MUMBAI-400026.
AND ITS REGIONAL OFFICE AT U-607,
6TH FLOOR, EAST WING,
RAHEJA TOWERS, M G ROAD,
BANGALORE-560001.
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE,
SRI MANI MANUEL.
... PETITIONER
(BY SRI. K G RAGHAVAN, ADVOCATE A/W
SMT. ANURADHA S R, ADVOCATE))
AND:
MYSORE MINERALS LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT AND
HAVING ITS REGISTERED
OFFICE AT NO.39, M G ROAD,
BANGALORE-560001.
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
(BY SRI. SRINIVAS RAGHAVAN, ADVOCATE FOR
SRI. LOMESH KIRAN, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN O.S.NO.7213/2012 ON THE FILE OF THE CIVIL
JUDGE, BENGALURU AND QUASH THE ORDER DATED
R
2
10.11.2020 PASSED ON I.A.NO.4 IN O.S.NO.7213/2012
ANNEXURE-A AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE
FOLLOWING:
O R D E R
Petitioner being the plaintiff in a money suit in
Com.O.S.No.7213/2012 is at the door steps of the Writ
Court for assailing the order dated 10.11.2020 a copy
whereof is at Annexure-A whereby the learned LXXXII
Addl.
City
Civil
Judge,
Bengaluru,
having
allowed
respondent-defendant’s application in I.A.No.IV filed u/o
VI Rule 17 r/w Sec. 151 of CPC, 1908 has accorded leave
to amend the Written Statement for incorporating a
Counterclaim therein; the respondent having entered
caveat through it’s counsel, opposes the Writ Petition.
2.
Material Facts:
Petitioner
company
filed
the
subject
suit
on
5.10.2012
for
a
money
decree
in
a
sum
of
Rs.270,11,91,123/-; respondent-company resisted the suit
by filing the Written Statement on 17.04.2013; long
thereafter i.e., on 29.07.2016, it filed the Application in
I.A.No.IV u/o VI Rule 17 r/w section 151 of CPC, 1908
seeking leave to introduce the Counterclaim in the Written
3
Statement by way of amendment; the Counterclaim by way
of damages is in a sum of Rs.1172.79 crores, with interest
at the rate of 18% per annum; apparently, it is founded on
the fact matrix which is substantially anterior to the
institution of the suit; this was objected to by the
petitioner inter alia on the ground of bar of limitation and
delay & latches; however, court below sanctioned the
amendment, which is now put in challenge, in this
petition.
3.
Contentions of the parties:
(a) The pith & substance of petitioner’s challenge is
that: a Counterclaim cannot be made by way of
amendment of Written Statement after the expiry of
statutory period of limitation; a counterclaim is nothing
but a ‘deemed suit’ for all practical purposes and therefore
is bound by the same limitation period which a money suit
is; apparently, suit, if were to be filed on the cause of
action on which the respondent’s Counterclaim is founded,
it would have failed because of the expiry of limitation
period; petitioner’s counsel banks upon certain decisions
in support of this stand.
4
(b) Respondent, per contra, contends in justification
of the impugned order and the reasons on which it is
structured; essentially respondent presses into service
three factors viz., (i) ‘doctrine of relation back’ whereby
amendments become retrospective in effect from the date
of filing of the pleadings concerned; (ii) unassailability of
the discretionary order granting leave to amend the
Written Statement, & (iii) the foundational facts supporting
the Counterclaim being already pleaded in the Written
Statement; it’s counsel
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