Wrong juridiction
ANISH KHANNA
(Querist) 21 September 2012
This query is : Resolved
I have booked a flat in Bhiwadi (Rajasthan). Thru a builder having corporate office in Gurgaon and registered office in Delhi. Due to a dispute I have filed a civil case of permanent injunction of my property against a builder in Gurgaon (Haryana). Now there layers have challenged the jurisdiction , which will be either Delhi or Bhiwadi courts only.
Question
1. What should I do
2. If I want to transfer the case to Delhi courts how can I do it
3. And Can the case be in Gurgaon courts as company office is in Gurgaon and all the transactions were done in Gurgaon while purchasing the property
Your revert will be a lot of help to me
R.K Nanda
(Expert) 21 September 2012
1.nothing.
2.no need for it.
3.Yes.
ANISH KHANNA
(Querist) 21 September 2012
Sir The application form which i filled and signed clearly mentions about juridiction only Delhi or Bhiwadi courts
V R SHROFF
(Expert) 21 September 2012
Once opposite adv chellege Jurisdiction, Court can return the same to be files at proper jurisdiction.
JANAK RAJ VATSA
(Expert) 22 September 2012
when you have signed agreement with the builder to the effect that all disputes will be within teh jurisdiction of delhi or bhiwadi, then the gurgaon does not figure at all in the scheme of things. no wonder the opp party adv has objectd to the jurisdiction.
ANISH KHANNA
(Querist) 22 September 2012
Experts please advice how can a Gurgaon court transfer the case to Delhi courts on the basis of wrong jurisdiction.
Q 1. My case is in lower court, Does that court has a power to transfer the case to Delhi courts
Q 2. If not what is the way i should get it transfered to Delhi Courts
Q 3. If i withdraw my case on grounds of wrong jurisdiction from Gurgaon courts and file a case in Delhi courts will i be on the same status
Please advice me the best way out
Kiran Kumar
(Expert) 22 September 2012
the court will return you the plaint to be filed before appropriate forum.
JANAK RAJ VATSA
(Expert) 22 September 2012
you have to take the action yourself. the court would return you the plaint. rest is upto you to do the rightful
ANISH KHANNA
(Querist) 23 September 2012
Sir i need to withdraw my case and file a fresh case in Delhi Courts
or
Get the case transfered
ANISH KHANNA
(Querist) 24 September 2012
Advocate Janak Raj Vitsa Thanks a lot for the help. One last question
In any Circumstances can Delhi courts deny Refilling
Q2. The case was of permanent injunction will I get the same status when I file in Delhi
JANAK RAJ VATSA
(Expert) 24 September 2012
why should they, your advocate should be able to handle it.
prabhakar singh
(Expert) 29 September 2012
Let the court pass the order only there after
file it in court of desired jurisdiction.
