IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL MCC No. 68 of 2009 (Recall Application) CLMA No. 996 of 2009 (Delay Condonation Application) in Civil Revision No. 33 of 2007 Union Bank of India …….. Revisionist Versus M/s Kwality Restaurant …….. Respondent ………. Hon’ble V.K. GUPTA, C. J. For the reasons stated, CLMA No.996 of 2009 is allowed. Delay in filing MCC No. 68 of 2009 is hereby condoned. MCC No. 68 of 2009 (Recall Application) This is an application filed by Union Bank of India seeking recall of the order dated 20th November, 2008 passed by this Court in MCC No. 175 of 2008, which was a review application filed by M/s Kwality Restaurant seeking review of the order dated 18th September, 2007 passed by this Court in Civil Revision No. 33 of 2007. On this application (MCC No. 68 of 2009) coming up for consideration today, Mr. Arvind Vashistha, learned counsel appearing for Union Bank of India, recall applicant and Mr. Alok Singh, learned Senior Advocate appearing for M/s Kwality Restaurant, respondent-review petitioner, have agreed that the order dated 20th November, 2008 passed by me, even by being affirmed and upheld in its entirety, the following modification be carried out in the said order: The order dated 20th November, 2008 is modified to the only extent that the learned S.C.C. Court seized of the eviction suit filed by M/s Kwality Restaurant shall return the counter-claim of Union Bank of India to Union Bank of India for being presented in a Court of competent jurisdiction by filing a regular suit in that Court for claiming relief forming the subject matter of the counter-claim. 2 The parties are directed to appear before the S.C.C. Court on 21.05.2009 for further proceedings in the S.C.C. suit. Actually as a result of the aforesaid modification having being carried out in this Court’s order dated 20th November, 2008, Mr. Arvind Vashistha, learned counsel appearing for the defendant in the S.C.C. suit submits that the defendant be permitted to file an amended written statement in the aforesaid pending S.C.C. suit by deleting the counter-claim therefrom. Prayer allowed. The defendant in the S.C.C. suit shall file the amended written statement by deleting the counter-claim before the next date in the Trial Court i.e. 21.05.2009 The recall application stands disposed of. No order as to costs. (V. K. Gupta, C. J.) 29.04.2009 A