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Triloknath l pandey Adv. (Legal Officer.)     25 May 2012

Territorial jurisdiction of court

One company has filed a recovery suit agaist my company, at the place of registered office(Ambejogai) of my company but all the transactions held at corporate office(Nagpur) of my company. Now i have moved an application for return of plaint at my corporate office address but the plaitiff company has strongly opposed my application saying that there is nothing called corporate office under Companies act. Therefore to support my submissions iam in need of some strong judgement of apex court/SC to defend my application.

                 so kindly provide me the same at the earliest.  



Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     25 May 2012

I am Advocate Rohit Dalmia and would like to know first "Was there any agreement executed between the Parties hereto???? if yes, then Jurisdiction of which Court was selected????"

Further, the cause of action arosed on which territory??????

Kindly revert.

As per Sec. 20 of the Civil Procedure Code "A corporation shall be deemed to carry on business at its sole or principal office in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place."

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 May 2012

Civil courts of different grades have jurisdiction to try suits or her appeals of different amount of value.The Highcourt and the Courts of the District Judge and the Civil Judge have unlimited pecuniary jurisdiction.  Pecuniary means 'relating to money'. Other courts have only a limited pecuniary jurisdiction. 

Adv Rohit Dalmia 9324538481 (Lawyer)     25 May 2012

Need to know about the case details properly, so that proper and relevant  judgements could be provided. You Can Call me on 09324538481, Mumbai.


(Guest)

u/s 146 of companies act 1956 A company shall, as from the day on which it begins to carry on business, or as from the 1[ thirtieth] day after the date of its incorporation, whichever is earlier, have a registered office to which all communications and notices may be addressed.

 

so in your case the plaint is rightly served in your registered office at ambejogai. there is no such thing as corporate office under companies act 1956.

 

source: https://www.indiankanoon.org/doc/1957881/

 

 

since all transaction took place in nagpur then the transaction in question will come under the jurisdiction of nagpur high court. as depicted in the case  state bank of india vs. sanjiv malik, the mortgage transaction took place at gurgaon but the plaintiff sued the defendant in delhi high court. it was decided that delhi high court has no jurisdiction of this transaction. the transaction comes under the jurisdiction of gurgaon court.

read the entire case here:

https://www.indiankanoon.org/doc/1133577/


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