Jurisdiction of Case in which City

Querist : Anonymous (Querist) 26 April 2011 This query is : Resolved
I am in the travel n tours business in Mumbai and currently engaged in a financial dispute with one of our suppliers whose Head Office is in New Delhi and have a branch office in Mumbai.

They have sent us a notice US 406 and US 420 in respect to the payments due on the account which we are disputing due to deficiency of service from them. We want to know that we want any legal proceedings to happen in Mumbai as we are dealing with the Mumbai Office and all txn have done in Mumbai and the notice threatens to file charges in New Delhi.

How do we respond and proceed in this regard.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 April 2011
If the allegations are devoid of any truth then you send a reply controverting
the allegations.
Without knowing the full case details it is difficult to comment on the territorial jurisdiction of the courts.

Raj Kumar Makkad (Expert) 26 April 2011
As the transactions have been made at Mumbai through branch office of opponent party situated at Mumbai then you have got full opportunity to invoke the doors of courts at Mumbai and this is legal and justified.

Querist : Anonymous (Querist) 26 April 2011
Thank you for the response. They are invoking action in New Delhi which we want them to stop or file in Mumbai courts. Additionally they have mentioned lot of facts which are incorrect. Should the response correct that or challenge what has been mention in their notice

PALNITKAR V.V. (Expert) 27 April 2011
It is better to reply the notice. If the transaction has taken place entirely in Mumbai, they can not file complaint in Delhi. But anything happens these days!

Guest (Expert) 27 April 2011
Before you file any application in Mumbai court, please check if they have made any mention in their bills against you or in any other correspondence (except the notice) about the jurisdiction to be Delhi or not. If not you can safely file application in Mumbai, otherwise, they can challenge the jurisdiction of Mumbai court and may try to get your case discharged on that ground.

H.M.Patnaik (Expert) 27 April 2011
Yes! I feel Mr. Dhingra sees it right. You haveto check up all agmt.,correspondences, invoices & challans etc. to find out whether any where the opposite company has indicated reg. jurisdiction before taking a conclusive decision in the matter.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries