Jurisdiction of the court
kavita
(Querist) 14 September 2014
This query is : Resolved
Hello,
I wanted to ask If there is a clause in the contract granting jurisdiction to courts in Delhi and the price under the contract is payable in Mumbai, which court will have territorial jurisdiction.. DELHI or MUMBAI??
Dr J C Vashista
(Expert) 14 September 2014
What is the contract about? Whether some immovable property is involved or not? If yes, it is Mumbai.
Anirudh
(Expert) 14 September 2014
You (parties) cannot decide the jurisdiction of the Court.
P. Venu
(Expert) 14 September 2014
However, the parties, by agreement, choose among the courts having concurrent jurisdiction.
ajay sethi
(Expert) 14 September 2014
what are the exact wordings of the clause in the contract . does it mention that in the event any disputes arising between parties in respect of subject matter of contract shall be subject to jurisdiction of courts at Delhi only ? in such a case you should file suit in delhi only
Rajendra K Goyal
(Expert) 14 September 2014
The agreement has to be referred for advise.
Nadeem Qureshi
(Expert) 14 September 2014
state detail facts, its depend on the language of the contract.
it may be Delhi or Mumbai.....
state detail facts regarding contract clause
kavita
(Querist) 14 September 2014
The contract is for the sale of goods. The bill / invoice shows the jurisdiction of Delhi. But the price is payable in Mumbai. The payment of price is otherwise the material part of the cause of action. Hence would grant the jurisdiction to the court where the price is payable. but the contract term is to the contrary. Then what prevails ??
Dr J C Vashista
(Expert) 15 September 2014
It would be Delhi Courts as agreed by the parties, offer and acceptance of contract in Delhi, goods sold and delivered in Delhi. However, Mumbai courts can also have jurisdiction as part of cause of action has taken place there as well. Which courts does suit your client Ms. Kavita?
kavita
(Querist) 15 September 2014
Thanks a lot Sir, so both courts have the jurisdiction? and please provide me the sources to rely on..
P. Venu
(Expert) 15 September 2014
The contract term prevails, if the same has your informed consent.
Dr J C Vashista
(Expert) 16 September 2014
Academic query, hoowever, read Section 16 CPC.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
The experts have take strain to answer the academic query. The jurisdiction as mentioned in the contract will be in Delhi though there arose a cause of action in Mumbai too. The terms of contract/agreement is clear.
