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abhijit majumder (practicing company secretary)     04 March 2024

Jurisdiction clause in a agreement

To the respected Fellow experts

Sir,

In an agreement  in a clause it inter alia states:

'In case of dispute Court of Mumbai will  the  have the authority to settle the matter,,,,,,,,,,,,,,,,,,,,,,,'

We are in kolkata and other party of the agreements has its head office in Mumbai. So they inserted such clause.

We raise our objection and replace the  word Mumbai by ' Court of Kolkata'.

Then the other party edit the existing clause by  inserting :

'In case of dispute Court of Mumbai or Court of Kolkata will have  the  have the authority to settle the matter,,,,,,,,,,,,,,,,,,,,,,,'

My query is can it be a  legally valid clause to insert two  courts  jurisdiction power in a clause.

Is there any guidelines under CPC 1908  where parties in an agreement resides in difference states?

Regards

Abhijit

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     04 March 2024

If the agreement has been reduced to writing and has been executed on a registered document, then it is enforceable in law. 


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