place to file case
N.J. MISHRA
(Querist) 20 December 2010
This query is : Resolved
please member suggest me
i am a legal officer in a ship managment company having its head office at singapore and other office at mumbai and kolkata.
the company appointed one chief officer for its ship. a contract was signed by the company at its mumbai office whereas the the person who was appointed as chief officer for a ship signed the contract at kolkata, he is also a resident of Kolkata, he signed on a xerox copy of the contract dule signed by the company.
he was to board a flight from Kolkata to delhi and from delhi to dubai to board the ship from port in dubai.
he abondoned the contract at kolkata by saying that his father in law is not feeling well and later send mail to the company that he joined some other shipping company.
i just want to confirm where to file a case fro breach of contract either at Mumbai or at Kolkata.
M.Sheik Mohammed Ali
(Expert) 20 December 2010
you can file a case either mumbai or kolkata, thats your choice,
SACHIN AGARWAL
(Expert) 20 December 2010
You can file the case at Kolkata or at Mumbai. Its your choice.
Vinod Singh Tomar
(Expert) 21 December 2010
You can file the case where the cause of action arose or at the place where the defendant/ opponent voluntarily resides or works for gain. Thus, you file the case at Kolkata
M V Gupta
(Expert) 21 December 2010
All my above learned friends are correct. See Section 20 of the CPC. In ur case part of the cause of action has arisen at Mumbai and the other part at Kolkata. Hence u can file the suit at any of the above places. You may also pl check ur agreement. Generally the contracts specify jurisdiction of the courts in cases where they are signed at different places.
ashish lal
(Expert) 21 December 2010
Mr. M V Gupta is right
