Mortgage Suit for Recovery

Jaswant Singh (Querist) 14 October 2009 This query is : Resolved
A Finance Company has an only office at place "X" which extended loan to the borrower and loan agreement was executed at a place "Y" which was secured against the mortgaged of the immovable properties situated at A,B,C & D places/districts .There is a clause in the Loan Agreemnt that the court at place "X" shall have the juridication to entertain the suit. Which court shall have juridication to entertain the mortgage suit for recovery of the loan amount?

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R.R. KRISHNAA (Expert) 14 October 2009
Though the clause gives right to place X alone, in my opinion all the courts have the jurisdiction. Because Y being the place of execution of the contract and A B C D being the places where the immovable properties are located gives jurisdiction for all the places. A suit can be filed at any of the above places.

Raj Kumar Makkad (Expert) 14 October 2009
Krishnalegal is absolutely correct.

Sachin Bhatia (Expert) 14 October 2009
The properties situated at A,B,C & D places/districts, so in my opinion all the courts have the jurisdiction to entertain the case but the clause gives right to Finance Company to file the case at place "X".