file a
suit with the reliefs as sought for in its counterclaim in respect of
such immovable property, the suit would not have been maintainable ... Chapter IX of the Original Side Rules states that a
counterclaim shall be treated as a plaint and be governed by the rules
applicable
Jain (Retd.) was appointed as sole
arbitrator in his place. The counterclaims of the Appellant were not referred
FAO(OS)(COMM) 92/2017 ... would proceed to adjudicate upon the
claims as well as the counterclaims. Against this order, a special leave
petition was preferred to the Supreme Court
each case, thus, aggregating
₹30,00,000/-.
18. The counterclaims (for a sum of ₹595 crores) preferred by the
Society/Guarantors for damages on account ... arbitral proceedings and
in absence of the said parties, the counterclaims could not be sustained.
Submissions
19. Mr Singhvi, learned Senior Counsel appearing on behalf
active pharmaceutical ingredient.
4. Natco as well as Dr. Reddy filed counterclaim in the suits, impugning
the patent in favour of Hoffmann.
5. Separate issues ... were framed in the two suits and the counterclaims
therein. Subsequently, the suits were consolidated and Hoffmann
CS(COMM) Nos.29/2016 & 946/2016
plain reading of the aforesaid provisions it is
quite limpid that a counterclaim preferred by the
defendant in a suit is in the nature ... cross-suit and by
a statutory command even if the suit dismissed,
counterclaim shall remain alive for adjudication. For
making a counterclaim entertainable
Supreme Court had held as under:-
"20. As far as counterclaims are concerned, there is no room
for ambiguity in regard to the relevant ... Limitation Act, 1963
provides that in regard to a counterclaim in suits, the date on
which the counterclaim is made in court shall be deemed
turn purchased the property from respondent /
defendant no.4 / counterclaimant Ashok Puri.
8. The respondent / defendant no.4 / counterclaimant Ashok Puri filed
counter claim ... counter claim, was barred by
time and the respondent / defendant no.4 / counterclaimant Ashok Puri having
executed the Sale deed in favour of the respondent
delivering the
defence against the claim of the plaintiff also filed a
counterclaim, on the effect of the substitution of the
heirs and legal representatives ... deceased defendant no. 2,
who filed a written statement cum counterclaim. After
the substitution is allowed on the application filed by
the plaintiff, the substituted
petitioner is a defendant in a partition suit
and complains of his counterclaim not being taken on
record on grounds which, according to the petitioner ... tenable.
By way of the counterclaim, the petitioner sought
to assert that the petitioner's title to the portion of the
alleged joint property
delivering the
defence against the claim of the plaintiff also filed a
counterclaim, on the effect of the substitution of the
heirs and legal representatives ... deceased defendant no. 2,
who filed a written statement cum counterclaim. After
the substitution is allowed on the application filed by
the plaintiff, the substituted
