About Jurisdiction

Gaurav Gujrati (Querist) 26 February 2016 This query is : Resolved
Dear sir,

As per the agreement in jurisdiction clause, it is metiined that "the jurisdiction under this agreement shall always be in the court of Mumbai".

The said agreement was executed between a company in mumbai and a person residing at indore.

Now person has filed the case at Indore.
Is this tenable ? Because in agreement it is specifically mentioned that the jurisdiction will be at mumbai only.

Follow Query

Report Abuse

Guest (Expert) 26 February 2016
You may challenge the case on the question of jurisdiction.

BAALASUBRAMANNYAMM (Expert) 26 February 2016
yes. I agree with Dhingra jee.

Advocate Bhartesh goyal (Expert) 27 February 2016
If two or more competent courts having jurisdiction,parties by agreement can confer jurisdiction in one such court to try the dispute.in your case jurisdiction to try and decide the case lies at court of Mumbai only so challenge the jurisdiction.

Devajyoti Barman (Expert) 27 February 2016
If 2 courts have concurrent jurisdiction over a matter of dispute and if the aprties on concurrence decide to limit the same t one particular court only, one of the parties can not later retract form this.
So in other words you can seek return of plaint to be filed in court in Mumbai on the jurisdictionalal issue.

Guest (Expert) 27 February 2016
In nutshell, jurisdiction agreed on mutual consent through an agreement cannot be altered later by any one of the parties to the agreement.

Rajendra K Goyal (Expert) 27 February 2016
The same need to be challenged on jurisdiction issue.

H.M.Patnaik (Expert) 27 February 2016
You can safely go with the advice given by Mr. Dhingra.

Dr J C Vashista (Expert) 27 February 2016
What is the "agreement" about?
If it is for transfer of property the jurisdictional court would be where the property is situated even if you have agreed to settle the dispute through "X" or "Y" Court.
Consult a local lawyer with the agreement.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries