HI, all
Sr. Lawyers,
Suggestions required.
A recovery suit was filed and proceedings took palace.
Sub Matter and story is “
Plaintiff : A security service providing company .
Defendant : Gammon India is a company having Head office in Bombay, works for it small or medium size contracts in different locations across India.
1. Plaintiff has worked for Defendant on contract bases.
2. Defendant did not paid the amount, and contracted work was finished.
3. No written contract were made in exclusion of a single paper provided by defendant to plaintiff (without sign and stamped).
4. Plaintiff is engage in providing security service and contracted with Defendant Gammon India pvt ltd to whom plaintiff provided the services (security service) for defendant on going project is Punjab.
5. Contract completed and defendant “wind up” from Punjab without paying the plaintiff for services.
6. Recovery suit initiated in Tis Hazari Court 5-6 years back. When it came for judgement, defendant declared ex-parte.
7. Now Court Questioning the Juridiction maintainability of the suit “ says since the service/work was provided in Punjab , plaintiff has to file suit in Punjab “. Or Else Plaintiff should come with any authority / citation that support that “ Section 20 of CPC of Territorial Jurisdiction is satisfied here”.
8. Ld. Judge logic says that Presumption of Territorial Jurisdiction never applies it has to be specific, Even If the Defendant does not Oppose the Jurisdiction the suit will not maintainable.
Please suggest
1. What can we do to get Judgement in favour of plaintiff.
2. What defense we can put before the court proving the Territorial Juridiction maintainability of the suit.
3. How to satisfy the requirement of CPC SECTION 20.
4. What state (Punjab : where the service was provided and now company is no more working there as it has completed working in that state, OR Bombay where the head office of the defendant company situated.) ?
KAMLESH JHA & ASSOCIATES
CH NO T 1 TEHSIL LANE, TIS HAZARI DELHI.
9999332085 ,
VINAY SHARMA
9811087833
