# In the matter of Prabhat Marketing Co. Ltd. vs. Tirrihannah Co. Ltd.

> HC judgment dated 2025-06-13. Citation: TCN-2025-HC-00064. The defendant, Tirrihannah Co. Ltd., filed an application (G.A. (Com) No. 2 of 2024) seeking…

- **Court:** HC
- **Order date:** 13 Jun 2025
- **Citation:** TCN-2025-HC-00064
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/prabhat-marketing-co-ltd-vs-tirrihannah-co-ltd-631521a3

## Summary

### Background

The defendant, Tirrihannah Co. Ltd., filed an application (G.A. (Com) No. 2 of 2024) seeking amendment of its written statement to incorporate a counter-claim against the plaintiff, Prabhat Marketing Co. Ltd.

## Facts

The defendant filed an application (G.A. (Com) No. 2 of 2024) to amend its written statement to include a counter-claim.

The defendant claimed that the chemical supplied by the plaintiff was not meant for protection of tea plantation, resulting in loss and damage.

The defendant's loss assessment was based on a Chartered Accountant's report dated February 3, 2020.

The plaintiff argued that the counter-claim was barred by limitation.

The writ of summons was served on the defendant on January 24, 2024.

The defendant filed the written statement on June 12, 2024, after obtaining an extension of time from the court.

The defendant claimed that the plaintiff misrepresented that 'Miteshot' was effective for tea plantation.

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## Issues and analysis

### Issue 1: Whether the amendment in the written statement can be allowed after the period of 120 days from the …

**Ratio:** The court held that the defendant was granted leave to file the written statement within

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**Reasoning:** The court opined that the plaintiff cannot take benefit of proviso of Order VIII, Rule 10

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**Interpretation:** The court interpreted the relevant provisions of the Code of Civil Procedure,

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**Application:** The court applied the principles derived from the interpretation of the legal

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## Parties

- **Judges:** Krishna…
- **Appellants:** Prabhat Marketing…
- **Respondents:** Tirrihannah Co.…
- **Other parties:** Kalabu…
- **Advocates:** Rohit Ban…; Sankarsan…

## Timeline

- **2024-01-24 — Service of…**: Writ of summons was…
- **2024-06-10 — Court Or…**: Court allowed the defendant…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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