Jurisdiction of court
Sudheer J. Sarvate
(Querist) 20 March 2012
This query is : Resolved
Sir,
We have office at thane and we have despatch material from Bhiwandi to Pondichery through transport company.
But the transporter lost the material. So we have filed the case against the said transporter in Thane court.
The transporter is saying that on L.R. it was mentioned that only Coimbatore Court has jurisdiction in this regard.
So can anyone guide actually which court has jurisdiction and also can give copy of order passed in such type of cases for study.
Regards
ajay sethi
(Expert) 20 March 2012
if you have accepted the terms of transportation wherein exclusive jurisdcition is given to courts at coimatore you cannot file case in thane .
Adv.R.P.Chugh
(Expert) 20 March 2012
Dear Querist,
The Jurisdiction in such cases of breach of contract lies :-
i) Place of Contract - if they picked up from your place - then thane or bhiwandi.
ii) Place where contract is to be performed.
Pondichery.
iii) Place where the defendant company carries on business - (you've not specified where)
All these places have jurisdiction and by contract parties can confine it to one among them also exclusively.
Adv.R.P.Chugh
(Expert) 20 March 2012
If coimbatore otherwise doesn't have jurisdiction as per 3 conditions i mentioned - just because you have agreed in reciept or contract - it won't have jurisdcition
Sudheer J. Sarvate
(Querist) 20 March 2012
Sir,
We dont have any contract with transporter, only this particular consignment was send through this particular transporter.
We manufactured goods at Thane and despatch to our party at pondichery from Bhiwandi through said transporter who have their depo at bhiwandi.
Raj Kumar Makkad
(Expert) 21 March 2012
In the given details, you cannot file case at Thane. Withdraw it with permission to file the same at the place having proper jurisdiction.
V R SHROFF
(Expert) 21 March 2012
As clearly mentioned & agreed:at coimatore y
R.K Nanda
(Expert) 21 March 2012
Coimbatore court has the jurisdiction to
try and decide ur case.
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Sudheer,
You have entered into an agreement with the transporter based at Coimbatore,you would have gone through the terms and conditions printed.You must have missed one major aspect i.e All legal matters should be settled within the jurisdiction of the Coimbatore court.Hence it is of no use filing a case at Thane.
