Jurisdiction

naimesh (Querist) 03 March 2014 This query is : Resolved
In business, Buyer issued Performa Invoice to seller. In Terms and Conditions, Buyer Specified the Clause as SUBJECT TO H.O OF BUYER’S( City name of Buyer H.O) JURISDICTION ONLY. After that claim is arise between parties. How to decide the jurisdiction in this case.

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R.K Nanda (Expert) 03 March 2014
state full facts.

naimesh (Querist) 03 March 2014
Buyer is Proprietor in business of merchant activity and based at Ahmadabad, Gujarat. he goes to seller place based at Mumbai and decided to Provide product within time limit. than he come to back and issued Purchase Oder in name of sealer. In P.O, Buyer Specified clause : Subject to Jurisdiction of Ahmadabad only. after that dispute arise reagading of Jurisdiction.

So in this case how to decided jurisdiction & under which provision.

Guest (Expert) 03 March 2014
If the content in your invoice states Jurisdiction is Mumbai and if it is acknowledged by the buyer by way of seal or signature then the purchase order could be ignored since the sellers invoice would be the final

naimesh (Querist) 03 March 2014
Dear Sir,

Still in this Case, Final Invoice is not ready, It mean sealer do not deliver the goods to buyer.

so dispute is arise before issue of Final invoice.

Guest (Expert) 03 March 2014
I think the Dispute it self is regarding Jurisdiction and you both have to decide it with mutual understandings

prabhakar singh (Expert) 03 March 2014
When jurisdiction is decipherable as concurrent of two or more courts then parties can agree to ONLY one court to have jurisdiction to vest in and such agreements are held valid so far.The crux is word 'ONLY'

Rajendra K Goyal (Expert) 04 March 2014
Agree with the expert prabhakar singh ji.

T. Kalaiselvan, Advocate (Expert) 04 March 2014
I endorse the views of the experts.

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