Sanjib Banerjee, J. - (1.) The suit is of the year 2012 and it is the admitted position that the defendant, a public body controlled by the Government of Goa, has filed its written statement. The prayers in the present petition are for the rejection of the plaint pertaining to the suit or the return thereof in view of the forum selection clause cited. In the alternative, the suit is asked to be dismissed.
(2.) The first ground taken to resist this petition is that there is no prayer for revocation of the leave granted under Clause 12 of the Letters Patent. Such puerile objection deserves immediate consideration. Since the defendant wants the suit to be dismissed or the plaint to be rejected or returned to the plaintiff to be filed before the appropriate forum, implicit therein is a prayer for revocation of the leave granted under Clause 12 of the Letters Patent and it does not make a difference whether a prayer in the traditional form, as is the practise on the Original Side of this Court, has been made or not.
(3.) The ground urged by the defendant is that in view of the following exclusive forum selection clause, the suit could not have been carried to this Court:- 25. Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinafter mentioned and as for the quality of workmanship or materials used on the work as to any other question, claim, right, matter or things whatsoever in any way arising out of or relating to the contract, designs, drawing, specifications, estimates, instructions, orders or other conditions or otherwise concerning the work, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof, shall be settled through a Civil Suit to be filed in a Court of competent jurisdiction within the state of Goa, within thirty days from the date of rejection of any of their claims by the Department. ;