1 WP684/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 684 OF 2010 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N.V. Walawalkar i/b Mr. Anand Kulkarni for the petitioner. Mr. T.D. Deshmukh for the respondent. CORAM : D.G. KARNIK, J. DATE : 13TH JULY 2010 P.C. : 1. Heard. 2. This petition is directed against an interlocutory order and hence I am not inclined to interfere. 3. The respondent, who is defendant in the suit, filed the written statement as a counter claim. The petitioner filed an application that the counter claim was not properly valued and, 2 WP684/10 therefore, the counter claim should be rejected under Order 7 Rule 11 of the Code of Civil procedure (for short “the Code”). Undoubtedly, the rules relating to the plaint apply to the counter claim and, therefore, the Court has power to reject the counter claim under Order 7 Rule 11 of the Code. The Court has held that prima facie the counter claim was properly valued. However, the order being interlocutory, it would be open to the petitioner to challenge the said order after the decision of the suit if the final order is adverse to the petitioner. 4. With this observation, the writ petition is rejected. (D.G. KARNIK, J.)