1 wp2090.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 2090 of 2011 Shri Mahalaxmi Warna Co-op. Water Supply Society Ltd. Peth Vadgaon, ... Petitioner v/s. The Collector Kolhapur District & ors. ... Respondents Mr. Prashan P. Jadhav for the petitioner. CORAM:- B.R. GAVAI, J DATED :- MARCH 16, 2011. P.C. By way of present petition, the petitioner challenges the order dated 3rd November, 2009 vide which the counter claim filed by the respondent- defendants is permitted to be filed. 2. The learned Counsel for the petitioner submits that counter claim has been filed after filing of the written-statement and as such in view of provisions of Order 8 Rule 6 A of the CPC, the same is not permissible. 3. Admittedly, the cause of action which is pleaded in the counter claim 2 wp2090.11.sxw is prior to the date on which the written-statement has been filed i.e. the defence of the defendants has been delivered. In that view of the matter, no case is made out for interference under extraordinary jurisdiction. 4. Rejected. (B.R. GAVAI, J)