ORDER 26.07.2018. None appears for the opposite parties. Heard Sri Das, learned Counsel for the petitioners. This writ petition involves a challenge to the part of the order rejecting the counter claim filed along with the written statement at the instance of the defendants while accepting the written statement in recalling the ex-parte order. Challenging this part of the impugned order, learned Counsel appearing for the petitioners bringing this Court to the notice of this Court the decision of Hon’ble Supreme Court rendered in the case of Ramesh Chandra Ardawatiya v. Anil Panjwani, AIR 2003 Supreme Court 2508 submitted that for the application of the decision to the case of the petitioners the impugned order ought to be interfered and setting aside the same, application involved therein should be allowed. Considering the submission and looking to the reason assigned in the rejection of the counter claim and further looking to the decision enunciated in the cases of Ramesh Chandra Ardawatiya v. Anil Panjwani, AIR 2003 Supreme Court 2508, this Court is satisfied with the grounds raised herein by the petitioners. Further this Court finds the petitioners claim is also well supported by the decision referred to hereinabove. As a consequence, this Court interfering in the impugned order at Annexure-3, sets aside the same so far it relates to rejection of the counter claim and directs the court below to accept the counter claim. However, considering that there is delay in filing the counter claim, this Court also imposes cost of Rs.1,000/- (Rupees one thousand) to be paid to the other side in the court below within a period of three weeks. The writ petition stands disposed of with the observation and direction made hereinabove. Issue urgent certified copy of this order on proper application. Petition disposed of.