Courts Jurisdiction
Bharat Gala
(Querist) 16 May 2008
This query is : Resolved
I have the query with regards to the jurisdiction of the court.
I have my office in Mumbai.I was contacted by a sales executive of one Publisher who has his office in New Mumbai and HO in chandigarh. Now due to payment dispute he has file a civil case in the Chandigadh civil court. I have not met any person from Chandigarh and Business card given by the sales executive has New Mumbai office address. Can I ask that the Chandigadh Court has no jurisdiction?or can i get the case transferred to Mumbai Court? Pls. advice me.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 May 2008
The Chandigarh court is having the jurisdiction to entertain the present case. But you can move an application in S.C. to transfer the case in your city.(It is pertinent to mention here that this process would take a long period of time.
Manish Singh
(Expert) 16 May 2008
was there any agreement between you and them?
Yo can request the Chandigarh court to tansfer the case to Mumbai since the transaction and trade has taken place in mumbai so Mumbai court also has the jurisdiction. The case will be transferred to mumbai.
H. S. Thukral
(Expert) 16 May 2008
The facts of the case are not very suggestive but in contracts regarding purchase of goods the cause of action arises at any of the following places
Place of contract
Place where contract was to be performed
place where money was expressly or impliedly payable
You are advised to go through the terms of contract and also see whether consent to juridiction of court in Chandigarh existed in it.
You can raise objection to the jurisdiction of the Chandigarh court in your reply.
Going to Supreme Court shall be an excercise in vain. There is no case made out in facts of your case requiring indulgence of SC.
H. S. Thukral
(Expert) 17 May 2008
Dear Manish Singh
If more than one court has jurisdiction to try the suit, the procedure for transfer of suit is prescribed in CPC.
In the present case an application for transfer of proceedings shall not lie in Chandigarh court nor for that matter in P&H High Court since Mumbai court is not subordinate to it. The application shall lie in SC only ?
Bharat Gala
(Querist) 17 May 2008
The background of the matter is that one of the sales executive of one Magazine/webportal owner approached our advertising agency and gave us tall talk. He has given in writing that after the advertisement we shall get good response {atleast 10}if we do not get 10 response the cost of advertisement is zero i.e. Free of cost. There was not a single response from this ad printed in their Mag. Now they are demanding to pay their outstanding Bill.This deal was made in Mumbai and they have file civil suit in
Chandigarh Civil Court.
H. S. Thukral
(Expert) 18 May 2008
If in the agreement the consent is that Chandigarh Court shall have juridiction in case of any dispute, you can not resile from that now.
SANJAY DIXIT
(Expert) 18 June 2008
I concur with the views & suggestions made by Mr. Harbhajan.
