HDFC BANK LTD Vs. R J PRABHU

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The learned Counsel for the respondent waives service. Heard finally, by consent of the parties.

(2.) The challenge in this petition is to the order dated 22.03.2016 passed by the leaned Senior Civil Judge at Panaji in Bank Matter No. 81/2007/A. By the impugned order, the application filed by the petitioner for excluding certain part of the affidavit in lieu of chief examination and raising objection as to the admissibility of a portion, thereof has been rejected, as being premature. The learned trial Court has kept the substantive contentions open, to be raised at the time of final arguments.

(3.) The brief facts are that the respondent has filed the aforesaid suit against the petitioner for recovery of money, by way of refund and compensation. On behalf of the petitioner, a preliminary objection was raised regarding the territorial jurisdiction of the Senior Civil Judge at Panaji, to entertain the suit. This is basically on the ground that, according to the petitioner in view of the terms and conditions (Exhibit-51), which form part of the account opening form (Exhibit-52), the parties had chosen the forum at Mumbai, as the competent Court to entertain all the disputes. The learned Trial Court has framed the preliminary issue regarding the territorial jurisdiction, which is being heard by the learned Trial Court.