LAWS(BOM)-2009-11-121

KOTAK MAHINDRA BANK LTD Vs. DEEPAK JAWAHARLAL GUPTA

Decided On November 11, 2009
KOTAK MAHINDRA BANK LTD. Appellant
V/S
DEEPAK JAWAHARLAL GUPTA Respondents

JUDGEMENT

(1.) The learned counsel appearing for the Respondent has pointed out clauses 11.16 and 11.17 of the Personal Loan Cum guarantee Agreement, which are as under:

(2.) Admittedly, amount involved is less than Rs.10 lacs. Therefore, the Tribunal as contemplated under Debts Recovery Tribunal has no jurisdiction but the Civil Court. This aspect is not in dispute.

(3.) The point is, in view of above exclusive clause, whether this Court at Mumbai has jurisdiction.