Kantilal Maganlal Rathod And Bhavesh Kantilal Rathod v. Hdfc Bank Ltd.

Pvr 22carbp37-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO.37 OF 2018 1.Kantilal Maganlal Rathod & Anr.

...Petitioners

vs HDFC Bank Ltd.

...Respondent

--- Mr.Raj Patel with Rishav Jain I/b. Siddharth Konakia, for the Petitioners. --- CORAM : G.S.KULKARNI, J.

DATED:

27th November,2018 --- P.C.:- 1.

In view of the reply affidavit as filed on behalf of the respondent raising an objection to the jurisdiction of this Court to entertain the present petition in this Court, it is submitted by the learned Counsel for the petitioner that in view of clause 7.8 of the agreement between the parties and as per the law laid down in "Indus Mobile Distribution Pvt. Ltd. vs. Datawind Innovations Pvt.Ltd"1, the jurisdiction to file the present petition would lie before the Principal Civil Court at Pune. He accordingly, seeks transfer of this petition to the District Court at Pune. 2.

It is thus appropriate that the proceedings of this petition are transferred to the file of the Court of the learned District Judge at Pune. Office to comply the necessary formalities.

AIR 2017 SC 2015

Pvr 22carbp37-18.doc 3.

On being transferred, the office is directed to make appropriate entry of transfer and deletion of the present proceedings from the file of this Court.

(G.S.KULKARNI, J.)