Place of filing suit
sajjan gupta
(Querist) 10 October 2011
This query is : Resolved
sir, is there any rule that one can file suit for recovery of loan on place of actual transaction take place.like banks having a branch in the city where the loan is given can file suit from other city.
M.Sheik Mohammed Ali
(Expert) 10 October 2011
either bank jurisdiction or your home jurisdiction, but recently announced that bank jurisdiction
Sankaranarayanan
(Expert) 10 October 2011
yes second one is correct, i mean bank jurisdiction . sure the bankers are clearly mentioned in their norms and application and documents are mentioned the all are under the bank's jurisdiction.
sajjan gupta
(Querist) 10 October 2011
that is right but some time ago iread in news paper that one bank filed a suit against one party from chandigarh in new delhi but party was not in position to attend the cse. so there was court verdict that the case should be sifted to chandigarh the place of business.because the bank is having there office in chandigarh but party has no office in new delhi. in case bank has no office in chandigarh it can sue from place near to that. i do not remember the excaxt case.
M.Sheik Mohammed Ali
(Expert) 10 October 2011
yes , depend upon the complainant situation , and file petition for unable to attn the court proceedings
Advocate M.Bhadra
(Expert) 10 October 2011
File a Money Suit in civil Court within the jurisdiction where the bank is situated,at where the loan was sanctioned(cause of action arose at).
jitender pawaria
(Expert) 10 October 2011
under order 37 of cpc u can file suit for recovery place of business. if u r suit is admitted or court give a decree to u you can execute the said decree at place of defendant either residence or business location. but some conditions in order 37 cpc.
Ravikant Soni
(Expert) 10 October 2011
Go thru section 15 to 20 of CPC. These relates to jurisdiction of courts.
Sailesh Kumar Shah
(Expert) 10 October 2011
Place of filing suit, where cause of action arise.
Advocate Bhartesh goyal
(Expert) 10 October 2011
Suit can be filed at place where the opposite party resides or carries on business and also at place where the cause of action wholly or partly arises.
Govind
(Expert) 11 October 2011
I agree with Adv. Sh. Bhartesh Goyal
Somnath mukherjee
(Expert) 11 October 2011
AS PER THE BASIC RULE OF CIVIL PROCEDURE CODE NORMALLY THE SUIT CAN BE FILED WHERE THE OPP.PARTY NORMALLY LIVE OR CARRY OUT HIS BUSINESS OR THE PLACE WHERE ANY OF THE PARTY RESIDE.FOR DETAILS DISCUSSION YOU MUST CONTACT WITH ME IN MY NUMBER 09874753359
