Calcutta High Court
M/S. Interlink Pvt Ltd vs West Bengal Essential Commodities ... on 15 January, 2020
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
GA NO.2541 OF 2019
AP NO.819 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. INTERLINK PVT LTD
Versus
WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION LTD
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 15th January, 2020.
Appearance :
Mr.Susanta Dutta,
Mr.Sanjay Saha, Advs.
Mr.Jayanta Sengupta,
Mr.Debraj Sahu,
Mr.Dilawar Khan, Advs.
The Court : The petitioner in this application is the respondent in
the arbitral proceeding pending before the learned Sole Arbitrator appointed by this Court on January 11, 2019 after the death of the original Arbitrator.
As recorded in the said order dated January 11, 2019 the parties had already filed their respective pleadings before the erstwhile Arbitrator and, as such, by the said order dated January 11, 2019 this Court directed that the new Arbitrator shall proceed with the arbitral proceeding on the basis of the existing pleadings of the respective parties. The petitioner being the respondent in the arbitral proceeding had filed its statement of defence before the erstwhile Arbitrator on or about September 14, 2009. In the said statement of defence the 2 petitioner had not raised any counter claim against the claimant, the respondent herein.
In this application the petitioner has asserted that it has substantial amount of counterclaim against the claimant respondent and, as such, it should be allowed to amend its statement of defence filed in the arbitral proceeding to include the counterclaim.
The claimant respondent, however, vehemently opposed the prayer of the petitioner. It is submitted that since the respondent did not raise any counterclaim in its statement of defence before the previous Arbitrator, today, the purported counter claims have become hopelessly time barred.
Considering the records of the case, I find that in the statement of defence filed before the erstwhile Arbitrator in the month of September, 2009 the respondent had not raised any counterclaim. If the respondent is now allowed to amend its statement of defence to incorporate any counterclaim which had arisen before the month of September, 2009 that would be allowing the petitioner to raise a money claim hopelessly barred by limitation. Moreover, it is at the instance of the parties, this Court directed the new Arbitrator to proceed with the arbitral proceeding on the basis of the respective pleadings already filed by the parties. For all these reasons, I do not find any merit in this application.
Accordingly, the application, GA No.2541 of 2019 stands rejected.
(ASHIS KUMAR CHAKRABORTY, J.) S.Das AR[CR]