Permanent injunction of property
ANISH KHANNA
(Querist) 05 April 2013
This query is : Resolved
Dear Experts.
I have a property dispute with a builder
Facts
1. Property is situated in Bhiwadi
2. Company corporate office is in New Delhi/ and Gurgaon ( Haryana )
3. Company application/ booking form clause say In case of any dispute only courts of New Delhi or Bhiwadi (Rajasthan). Which was signed in Gurgaon?
4. I filled a case in New Delhi for permanent Injunction
5. Company lawyer has put an application that this case is not maintainable and should be barred under section 16(d) order 7 rules 11 CPC 1908.And is non maintainable.
I had put my query that, is my case maintainable in Delhi courts on your site ( Layersclubindia )
I got expert advice yes it is maintainable.
My question and request
1. If the case is maintainable can I have any order/ Judgment copy of any such relevant case?
2. Or any such clause in CPC that I can stand with
Experts your help will get me my hard earned money back.
Thank You
Devajyoti Barman
(Expert) 05 April 2013
If the defendant carries on business on Delhi, then the suit is very much maintainable on the ground of territorial jurisdiction.
Raj Kumar Makkad
(Expert) 05 April 2013
If the matter is regarding the property, the same should be filed wherein the property situates. In your case, it shall be Bhiwadi and not Delhi.
ANISH KHANNA
(Querist) 06 April 2013
Thank you sir for the advice .I want to confirm again that . Builder application form which i have signed its clause no 9 says all disputes in Bhiwadi or New Delhi courts only.
Then to it should be Bhiwadi courts
ANISH KHANNA
(Querist) 06 April 2013
Thank you sir for the advice .I want to confirm again that . Builder application form which i have signed its clause no 9 says all disputes in Bhiwadi or New Delhi courts only.
Then to it should be Bhiwadi courts
Devajyoti Barman
(Expert) 06 April 2013
Under section 11 of CP Act the case under CP Act can be filed at any place where any of the branch offices of the service provider is situate.
Moreover in your case t it has been made clear by the clause on territorial jurisdiction.
So you can file case either in Bhiwadi or in Delhi.
prabhakar singh
(Expert) 06 April 2013
For you now it appears to be optional.As per your convenience you can file it at either of these twoplaces Bhiwadi or in Delhi.
ANISH KHANNA
(Querist) 07 April 2013
Dear Experts.
I have a property dispute with a builder
Facts
1. Property is situated in Bhiwadi
2. Company corporate office is in New Delhi/ and Gurgaon ( Haryana )
3. Company application/ booking form clause say In case of any dispute only courts of New Delhi or Bhiwadi (Rajasthan). Which was signed in Gurgaon?
4. I filled a case in New Delhi for permanent Injunction
5. Company lawyer has put an application that this case is not maintainable and should be barred under section 16(d) order 7 rules 11 CPC 1908.And is non maintainable.
I had put my query that, is my case maintainable in Delhi courts on your site ( Layersclubindia )
I got expert advice yes it is maintainable.
My question and request
1. If the case is maintainable can I have any order/ Judgment copy of any such relevant case?
2. Or any such clause in CPC that I can stand with
Experts your help will get me my hard earned money back.
Thank You
prabhakar singh
(Expert) 08 April 2013
For how many times you need it to be told?
