Jurisdiction of filing recovery suit
SREESH
(Querist) 02 January 2015
This query is : Resolved
My Boss is a businessman in kolkata he supplied goods worth Rs 16 Lacs to a client in Satara a district near Pune. The client issuied post Dated Cheque worth Rs 8 Lacs. Cheques got bounced. We have filed Sec 138 case in Satara. The client sent a notice to us that we have used blank cheque and material was not delivered to him. Since we have sent the goods by Door delivery system we have all the necesary documents.I need to file a recovery suit against the client for whole amount i just want to enquire the jurisdiction where i should file the case and please also advice me for any alternative legal advice.
Devajyoti Barman
(Expert) 02 January 2015
You can file money suit in Kolkata-Alipore court only.
Advocate Bhartesh goyal
(Expert) 03 January 2015
Suit may be filed at Kolkata from where the material had been supplied and and price of supplied goods had to be received.
prabhakar singh
(Expert) 03 January 2015
You are advised to be guided by section 20
of the Code of Civil Procedure.You have three options.
Biswanath Roy
(Expert) 05 January 2015
Your boss may file the case against the buyer either at Kolkata or at Satara where the goods were delivered. This case has dual jurisdiction according to Section 20 C.P.C.
ajay sethi
(Expert) 05 January 2015
you can file suit at satara or kolkata . part of cause of action has arisen in satara hence suit can be filed in satara
Biswanath Roy
(Expert) 05 January 2015
I differ. The querist can file recovery suit at Kolkata Court praying leave under clause 12 of the Letters Patent, 1865.
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
Yes, I agree with the experts' views that money recovery suit can be filed locally.
