ESSEMM LOGISTICS Vs. DARCL LOGISTICS LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. Anand Sanjay M. Nuli, learned advocate appearing for the appellant and Mr. Manu Beri, learned Advocate appearing for the first respondent.

(3.) The appellant (ESSEMM Logistics), who was the first defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exercise of power available under Order VII Rule 11 of the Civil Procedure Code, 1908 (in short "CPC") by the Court of first instance which order has been upheld by the High Court.