Sir(s),
Recently we signed a Project in Jammu & Kashmir.
In Tender document, it is stated that "Laws of India" , "Juridiction will be Mumbai" and few places they mentioned "J&K workmens compensation acts etc"
My Query:
1. I cannot work with two laws in a project, and please advice me Which negotiation can help me in this matter:
- Should i ask him to modify "JURIDICTION PLACE" in the contract documents OR
- Should i ask him to modify "LAW APPLICABLE FOR THE PROJECT - INDIAN LAW OR J&K LAW"
2. If laws of J&K is specified in the contract, can we present our case in Mumbai courts ?? -- In that case what will be Juridiction ( J&K) or (Mumbai) ?
3. I understand "Courts have its own Power", and from the above given scenario is the case , then can anybody please advice me in your opinions, which Jurudiction likely does the court will decide either (J&K) or (Mumbai) ?
Few more details about the Contract:
- In Tender they have mentioned in some places "J&K workmens act" and some places "Laws of India" --- Sir(s) All i can see there are two laws mentioned in this contract, which will prevail while project in jammu kashmir & juridiction in Mumbai.
- If I go with J&K laws, then at the time of Court Proceedings if so happen, there are chances to face leagal difficulties.
Kindly advice me to take a final decision & To fine tunning my understanding with your esteemed Advices
Thanks in Advance.
