Place of filling suit at high court

Neeraj Kumar Sinha (Querist) 04 February 2012 This query is : Resolved
I am N K SINHA from Maharastra.My native place is at Jharkhand.I have to get it clear from lawyers club as I am a member that RP to be filed at which place.An employee of nationalizes Bank has to file suit at high court.He was last employed at Maharastra but he was native of jharkhand & as per Bank policy he was transferred to Maharastra but his home Zone was Jharkhand.Bank has their branches all over India &as per Banks guideline his posting was transferable to all India. Please advise whether the member can filr RP at the high court of Jharhkand as he got dismissed from Bank sevice from Maharastra
With Regards
N K SINHA

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prabhakar singh (Expert) 04 February 2012
As the dismissal has taken place in Maharashtra in my opinion only Bombay High court has the jurisdiction and not the Jharkhand .

Devajyoti Barman (Expert) 04 February 2012
Yes it is to filed in Maharshtra only.

Advocate. Arunagiri (Expert) 04 February 2012
I fully agree with Mr.Singh.

You are dismissed while working in Maharastra. So,you can approach only Bombay High Court.

If you are on deputation to Maharastra, your place of posting is still in Jharkhand. In that situation you have to approach the Jharkhand high court only. (Meaning of deputation:- it is not a transfer, sent to some other area temporarily)

I can give the final opinion on knowing the reasons for termination.

Adv. Sunil (Expert) 04 February 2012
At the place of registered office of the bank.

adv. rajeev ( rajoo ) (Expert) 04 February 2012
He has to file at Maharastra, jUrisdiction comes under Maharastra High Court because he was serving there

Shailesh Kumar Shah (Expert) 04 February 2012
Writ can be filed at Maharashtra High Court.

Raj Kumar Makkad (Expert) 04 February 2012
Entire cause of action has accrued to him within jurisdiction of Maharashtra High Court so there cannot be other thought.

Guest (Expert) 04 February 2012
yes i do agree with above experts...

V R SHROFF (Expert) 04 February 2012
BOMBAY HIGH COURT

prabhakar singh (Expert) 04 February 2012
I am thank full to all experts who found me correct in my opinion.

Nadeem Qureshi (Expert) 04 February 2012
Dear Querist/N.K. Sinha
Mr. Prabhakar is right

Raj Kumar Makkad (Expert) 04 February 2012
#Nadeem! Prabahakar singh has conceded that he was wrong and you are saying he is right. What do you mean?

Sudhir Kumar, Advocate (Expert) 11 October 2014
You can file at the place where dismissal took place or at the p[lace where he is settled after dismissal.

Neeraj Kumar Sinha (Querist) 11 October 2014
Respected sir
I agree with the view of all the loyal lawyers of high court & accordingly i have filed at Mumbay high court & same has been admited too.
But I would like to argue upon the view of Mr. Sudhir Kumar who have added one point that place of settled.
I belongs from Jharkhand & My home town onthe record of the bank is Jharkhand. After dismissal there is no means to stay in Maharastra & accordingly We have settled at our Native Place ie home town at Jharkhand.
Now it is a guge problem to handle the case from Jharkjand to Mumbay.
Please advise whethere we can transfer the case to Jharkhand High court.
With Regards
N K SINHA

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