FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL WRIT PETITION NO.663 OF 2009 CIVIL WRIT PETITION NO.663 OF 2009 CIVIL WRIT PETITION NO.663 OF 2009 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr K.P.Anilkumar, for the petitioners. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. DATED: 16.02.2009 DATED: 16.02.2009 DATED: 16.02.2009 P.C.: P.C.: P.C.: Heard learned counsel for the petitioners. The order in the matter filed before the Debts Recovery Tribunal is being challenged on the ground of jurisdiction. However, even though it was agreed between the parties that the jurisdiction shall be at Bombay, it is equally agreed between the parties that the respondent-ICICI Bank has a choice of its own jurisdiction. Apart from the said choice given to the respondent-Bank, the loan transaction had taken place in Pune and all other transactions had also taken place in Pune. Therefore, according to the Rules, the Pune Court has jurisdiction over it. When the Court is having jurisdiction over the matter and the statutory Tribunal, which is constituted for that area, has been approached by the respondent-Bank, it will be inappropriate to contend that the Bombay Court has jurisdiction. These are all statutory courts and they have statutory powers under the areas of their jurisdiction. Therefore, such courts are available. The choice of the parties to select forum and jurisdiction is not available to the parties. Therefore, the submission made by the learned counsel for the petitioner is rejected. The question of misjoinder of the parties can be considered at the final stage as observed by the DRT and DRAT. The point which has been kept open need not be considered by us. The writ petition is rejected. (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.)