MOLD TEK PACKING LTD Vs. S.D CONTAINERS

JUDGEMENT

(1.) Heard on the objection raised by the counsel for the defendant as has been noted by this Court on 28/8/2024, 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 4/9/2024."

(2.) On perusal of the record, it is found that the counter-claim in the present case was filed by the defendant on 2/3/2020, 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 3/4/2023, directing that one more opportunity to file reply to counter-claim is granted, and the matter was listed on 26/4/2023. In between, on 17/4/2023, the reply to the counterclaim has already been filed by the plaintiff and thereafter, the objection has been raised by the counsel for the defendant on 28/8/2024 as aforesaid.

(3.) This Court finds that so far as the provisions of counter-claim is concerned, the same are governed by Order VIII Rule 6A and 6G of C.P.C., which read as under:-