(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3779 OF 2008. V.B. Construction Co. .. Petitioner. Versus Versus Versus The Government of Maharashtra & Ors. .. Respondents. .... Mr.U.S. Samudrala, Adv. for Petitioner. None for Respondents. .... CORAM : A.A. SAYED, J. CORAM : A.A. SAYED, J. CORAM : A.A. SAYED, J. DATED : 30TH June, 2008. DATED : 30TH June, 2008. DATED : 30TH June, 2008. P.C. P.C. P.C. 1. The Trial Court has allowed the counter claim of the respondent after more than 3 years of filing of written statement by the respondent nos.2, 3 & 4 and the petitioner who is the plaintiff in the suit, is aggrieved by this order. 2. The main contention of the petitioner is that the counter claim is barred by the law of limitation. 3. In my view, it would be appropriate and will meet the ends of justice if the petitioner is (2) granted liberty to raise the plea of limitation before the trial court, at the time of hearing of suit as also, in further proceedings, which may be filed, if the orders of the trial court are adverse to the petitioner order accordingly. 4. The writ petition is disposed of with liberty as aforesaid. ( A.A. SAYED, J.) ( A.A. SAYED, J.) ( A.A. SAYED, J.)