Promissory note
nagarajupatro
(Querist) 28 October 2011
This query is : Resolved
respected experts gud evening... pls suggest in the following matter
x presently residing in hyderabad. came down to visakhapatnam and borrowed amount from his friend Y by executing a promissory note in the presence of witnesses and went back to hyderabad. there he is doing job in a private company. he had relatives, household ration card and bank accounts at visakhapatnam. Inspite of repeated demands made by Y to repay the amount X did not turned up. How a suit can be filed and where it can be filed. What is the Jurisdiction ? Can X issue a notice from Visakhapatnam? with What ground ?
sanjeev murthy desai
(Expert) 28 October 2011
Cause of action raised in Vishakapatnam only. Promisory note executed in Vishakapatnam. Hence it is advisable to file case in Vishakapatnam. You have another option to file a case in Hyderabad. Notice may be send from any where
ajay sethi
(Expert) 28 October 2011
part of cause of action has arisen in vishakaptnam . money borrowed by x in Vishakapatnam , promissory note executed in Vishakaptnam , courts in vishakaptnam will have jurisdcition .
Raj Kumar Makkad
(Expert) 28 October 2011
Entire cause of action accrued at Vishakhapanam so recovery suit shall lye there only.
Advocate Bhartesh goyal
(Expert) 29 October 2011
Only Vishakhapatnam court has jurisdiction to try the case so file case in Vishakhapatnam court.
prabhakar singh
(Expert) 29 October 2011
Unanimously Visakhapatnam's court have jurisdiction in your case as each and every thing has happened there.
M V Gupta
(Expert) 29 October 2011
I agree with Experts who have stated that the suit should be filed at Visakhapatnam. As the debt is evidenced by Pro note a summary suit may be filed so that the matter can be disposed of quickly by following summary procedure.
