1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 115 of 2010 IN ADMIRALTY SUIT NO.31 of 1995 U.M. Salgaocar & Bros. ... Plaintiff versus M.V. Priyamvadan & Anr ... Defendants ... Mr.A.M.Vernekar for the plaintiff Mr. Vasant Kotwal i/b Manjula Sen for defendant and in support of Chamber Summons No. 115/10. CORAM : D.G. KARNIK, J. DATED : 15th April 2010 P.C. 1. Heard learned counsel for the parties. 2. The suit has been filed for damages on account of a collision of two motor vessels which happened at or near the port of Goa. In view of this, learned counsel for the defendant has raised an objection to the hearing of the suit by a Bombay Bench. He contends that the suit would be required to be heard by a Goa Bench. By this Chamber Summons, he pays for return of the plaint for presentation to the Goa 2 Bench. 3. An issue of the jurisdiction has not been framed. In my view, the plaint cannot be returned without first framing an issue as to the jurisdiction of this Bench of the Court to entertain and try the suit. Order 14 Rule 5 of the Code of Civil Procedure empowers the court to alter, amend or add to the issues at any stage. In view of the contention raised in this chamber summons as also in the arguments in reply thereto, it would be necessary to frame an additional issues regarding the jurisdiction of the Bombay Bench to entertain and try the present suit. Hence, I dispose of the chamber summons by passing the following order:- 4. Additional issues be framed as mentioned below and be heard and tried as preliminary issues. i) Whether Bombay Bench of this Court has no jurisdiction to entertain and try the suit and whether the suit is required to be filed and/or heard only by the Goa Bench of this Court? ii) Whether the defendant has acquiescenced to the jurisdiction of this Bench by making a counterclaim or otherwise and whether by acquiescence or consent, this Bench would get jurisdiction, to entertain a try the suit? 5. Chamber Summons is disposed of. (D.G. KARNIK,J.)