Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

M/S Chaudhary Agency Distributor ... vs Malva Motors Authorized Dealer Eicher ... on 21 February, 2023

Author: Pranay Verma

Bench: Pranay Verma

                                           1
              IN          THE   HIGH COURT OF MADHYA PRADESH
                                      AT INDORE
                                          BEFORE
                            HON'BLE SHRI JUSTICE PRANAY VERMA
                                ON THE 21 st OF FEBRUARY, 2023
                                 MISC. PETITION No. 880 of 2023

             BETWEEN:-
             M/S CHAUDHARY AGENCY DISTRIBUTOR EICHER
             TRACTORS A PARTNERSHIP FIRM        THROUGH
             PARTNERS -
             (A) SHAILENDRA CHAUDHARY S/O MAHENDRA
             CHAUDHARY, AGED ABOUT 54 YEARS, OCCUPATION:
             BUSINESS
             (B)        RAJESH CHAUDHARY S/O. MAHENDRA
             CHAUDHARY, AGED MAJOR, OCCUPATION BUSINESS.
             BOTH R/O. 53, HAMIDIYA ROAD, BHOPAL (MADHYA
             PRADESH)

                                                                    .....PETITIONER
             (BY SHRI RISHIRAJ TRIVEDI, ADVOCATE)

             AND
             1.      MALVA MOTORS AUTHORIZED DEALER EICHER
                     TRACTOR LIMITED (SALES AND SERVICE AND
                     SPARE) THROUGH PARTNER
                     (A) SHRI DEVENDRA S/O SHRIRAM PRASAD JI
                     SHARMA, AGED ABOUT 35 YEARS, OCCUPATION:
                     BUSINESS R/O. INFRONT OF DRP LINE MHOW-
                     NEEMUCH     ROAD,   MANDSAUR     (MADHYA
                     PRADESH)
                     ( B ) SHRI   MADHUSUDAN    SHARMA     S/O
                     RADHEYSHYAM SHARMA AGED ABOUT 29
                     YEARS, OCCUPATION: BUSINESS R/O. INFRONT
                     OF DRP LINE       MHOW-NEEMUCH     ROAD,
                     MANDSAUR (MADHYA PRADESH)

             2.      RAMPRASAD S/O KACHRU JI SHARMA, AGED
                     ABOUT 50 YEARS, OCCUPATION: AGRICULTURE,
                     R/O DALODA CHAUPATI ,TEHSIL DALODA,
                     (MADHYA PRADESH)

Signature Not Verified                                            .....RESPONDENTS
Signed by: SHAILESH
MAHADEV SUKHDEVE (NONE)
Signing time: 2/27/2023
11:08:05 AM
                                                       2
                          This petition coming on for admission this day, th e court passed the
               following:
                                                       ORDER

Heard.

This petition has been preferred against the order dated 19.12.2022 passed by the trial court rejecting an application under Order 6 Rule 17 of the CPC filed by defendant No.2 for amendment of the written statement for taking its counter claim on record.

The application has been rejected by the trial court by observing that as per defendant No.2 itself cause of action for laying the counter claim accrued on 18.1.2022 whereas the written statement has already been filed on 17.6.2017. Learned counsel for the petitioner submits that the date, ie., 18.1.2022 mentioned in the application is a bonafide mistake and / error on part of defendant No.2 particularly when the same is read along with the entire averments as made in the application. For such a mistake defendant No.2 should not be penalised. He prays for grant of permission to file a fresh application before the trial court mentioning the correct date.

Prayer is allowed and the petition is disposed off granting liberty to defendant No.2 to file a fresh application before the trial court itself which shall decide the same on its own merit.

It is made clear that this court has not expressed any opinion on merits of the case.

Signed by: SHAILESH                                                              JUDGE
MAHADEV SUKHDEVE
                SS/-
Signing time: 2/27/2023
11:08:05 AM