( 1 ) wp4140.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4140 OF 2010 Panjabrao s/o. Namdeorao Patil .. Petitioner Versus Shri Vayanketesh Nagari Co-operative .. Respondent Credit Society Ltd. Yawal, Tq. Yawal, Through its Chairman .. Mr. A.M. Gholap, Advocate for the petitioner. Mr. G.V. Wani, Advocate for the respondent. CORAM : V.R. KINGAONKAR,J. DATED : 14.01.2011 P.C. :- 1. Heard. 2. By consent, the petition is being disposed of as follows :- (i) The defendant will be at liberty to file counter-claim separately and if such counter-claim is filed, then the necessary Court-fees may be paid and the counter-claim may be considered in as much ( 2 ) wp4140.10 as it is well settled that the counter-claim by itself has separate identity in the eye of law. (ii) The issues may be re-casted by the Trial Court after filing of the counter-claim and the question of limitation is kept open. 3. The petition stands disposed of accordingly. [V.R. KINGAONKAR,J.] snk/2011/JAN11/wp4140.10