1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1188 of 2007 IN Summary Suit No.2959 of 2003 Dr.Prakash Khubhchandani. .. .. Plaintiff v/s. Harshwardhan Leasing Ltd. .. .. Defendants Mr.Birendra Saraf with Ms.Anuja Jhunjhunwala and Ms.M. Rajpal i/by Naik, Naik & Ayengar for plaintiff. Mr.Rajesh Kapoor i/by Sanjay Udeshi and Co. for defts. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 28th April 2008 P.C. : 1.Under this Chamber Summons, the defendants have applied for amendment of the Written Statement. The amendment essentially is to file a counter-claim. The extent of the amount claimed in the counter-claim is mentioned. The defendants' claim is stated to be as per paragraph-2 in Schedule-A, which is to be made paragraph-5 in the Written Statement. 2.Under the counter-claim, the defendants seek to recover an outstanding monthly compensation and licence fee prior to and after the Maharashtra Rent Control Act and the 2 outstanding maintenance charges. These amounts are recoverable by the licensors (defendants) by following the provisions of the Maharashtra Rent Control Act, 1999 before the competent Authority under that Act. The Civil Court's jurisdiction to that extent stands barred. Hence, the counter-claim for recovery of monthly compensation/licence fee cannot be allowed in this Court. The defendants shall be entitled to take due recourse under the Maharashtra Rent Control Act, 1999 to recover the amounts claimed in the counter-claim. 3.The recovery of maintenance charges payable to the Society is stated to be as per the contract between the parties at the rate of 50% by the plaintiff and 50% by the defendants. It is claimed that the plaintiff has defaulted in payment. The defendants have made payment of the plaintiff's 50% share also to the Society. The defendants seek to recover that amount. That amount can be legitimately recovered, subject to proof, as a set off or a counter-claim in the present suit subject to the Law of Limitation, if any. The amendment shall relate back to the date of the suit. 4.Hence, the following order:- 3 O R D E R (i) The Chamber Summons is made absolute in terms of prayer (a) with regard to the recovery of the maintenance charges mentioned at Sr.No.3 in paragraph-2 of Schedule- A, stated to be paragraph-5 of the Written Statement. (ii)The claim with regard to the payment of monthly compensation and licence fee is not allowed and shall not form part of the Written Statement. Consequently, the total amount due and payable by the plaintiff to the defendants as claimed in the amendment shall be modified. Consequently, paragraph-1 of the Schedule, which is in paragraph-4 of the Written Statement, is not allowed to be incorporated in the Written Statement. (iii)Prayer (a) has become infructuous as the plaintiff has handed over possession of the suit premises to the defendants. Hence, prayer (a) is not pressed and is deleted and shall not form part of the amendment. Prayers (b) and © shall be modified as prayers (a) and (b). (iv)With regard to the other averments, the modified amount being the total amount of maintenance charges 4 claimed by the defendants shall be mentioned in the Written Statement. (v)The defendants to carry out amendments within four weeks. The defendants shall also amend the copy of the Written Statement served upon the plaintiff' s Advocate within four weeks. 5. The Chamber Summons is disposed of accordingly. [SMT.ROSHAN DALVI, J.]