1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1626 OF 2010 Ashok Leyland Finance Ltd (A Div.of Indusind Bank Ltd.) .. Petitioner versus Sahebrao Rabhaji Gavali & Anr. .. Respondents Mr.A.B.Desai for the petitioner. CORAM : A.S.OKA, J. DATE : 9th March 2010. P.C.: . Heard learned counsel appearing for the petitioner-original plaintiff. The challenge in this writ petition under Article 227 of the Constitution of India is to the orders dated 1st December 2009 passed below applications at Exhibit 176 and 178. By the first order passed below Exhibit 176, written statement of the 2nd respondent-Maharashtra State Finance Corporation to the counter-claim is taken on record. By the second order the 2nd respondent-plaintiff has been permitted to amend the plaint. The amendment was necessitated as the vehicle in question was sold by the petitioner during the pendency of the suit. 2. As far as the order passed below Exhibit 176 is concerned, the effect of the order is that written statement of the plaintiff to the Counter-claim filed by the petitioner is taken on record. This is not an order which can be interfered with in power of superintendence of this Court under Article 227 of the Constitution of India. 2 3. As far as order below Exhibit 178 is concerned, it is the case of the petitioner that vehicle in question was sold in the year 2004. Based on the said subsequent event, amendment of the plaint was sought by the 2nd respondent-plaintiff for claiming compensation. The said amendment has been allowed. As the suit is filed prior to 1st July 2007, proviso to Rule 17 of Order VI of the Code of Civil Procedure, 1908 which was brought into force on 1st July 2002 will not apply to the application for amendment. Even if amendment is allowed, the issue of limitation always remains open which can be agitated by the petitioner by filing additional written statement. 4. Subject to what is observed above, no case for interference is made out. Writ petition is rejected. If the petitioner has not filed additional written statement till today, it will be open for the petitioner to do so within a period of eight weeks from today. (A.S.OKA,J)