Rajiv Sahai Endlaw, J.

1. The maintainability of a counter claim against a non party to the suit and the application of the counter claimant/defendant in the suit for impleading the said party as a party to the suit are for consideration.

2. The plaintiff instituted the suit for recovery of Euro 2,80,632/- from the defendant together with pendente lite and future interest and for permanent injunction restraining the defendant from encashing the bank guarantee. The defendant filed a written statement contesting the suit. It was inter-alia stated in the written statement that the defendant had sent its proposal for supply of various equipment for Fuel Gas Treatment Package to M/s. Gastech USA being the parent company of the plaintiff herein; that M/s. Gastech USA thereafter forwarded the said proposal to the plaintiff; the plaintiff subsequently accepted the said proposal of the defendant by issuing a letter of intent along with quotation for supply of equipment as per the specifications envisaged by the defendant. After so stating, the written statement thereafter proceeds to talk of the relationship/agreement between the plaintiff and the defendant. The defendant has of co