Jurisdiction of a court.
pushpakrishna
(Querist) 08 August 2014
This query is : Resolved
dear Experts,
a plot has been allotted by a company through an agreement for which i paid the amount at my place and it should be registered on 13-01-2014.back of the agreement mentioned as subject to jurisdiction mumbai where company Registered office is situated. now the company not coming forward to execute a regd.sale deed in favor of me.can i file the suit at my place? plot also situated at the place of my jurisdiction.some body is telling that the company has already mentioned that SUBJECT TO JURISDICTION OF MUMBAI.Hence you have to file a case at mumbai.kindly advice on this .thank you sir in advance.
Nadeem Qureshi
(Expert) 08 August 2014
Mumbai court will be the jurisdiction
Laxmi Kant Joshi
(Expert) 08 August 2014
It is in the juricdiction of Mumbai Court .
Rajendra K Goyal
(Expert) 08 August 2014
Agree Mumbai Court would be the jurisdiction.
pushpakrishna
(Querist) 11 August 2014
Dear Experts,
I am not able clear my question,
Company Regd.Office at Mumbai
But i paid the amount at my place that is in Hyderabad and plot which allotted to me also situated at hyderabad.but only they mentioned that Jurisdiction is subject to Mumbai Courts.i paid the amount at hyderabad and plot also situated at hyderabad then cant i file a case at hyderabad.kindly clarify sir.Thanq in advance.
Raj Kumar Makkad
(Expert) 11 August 2014
You can definitely file case at Hydrabad in the given situation as the defendant (company) cannot take away the jurisdiction of the local courts provided under Civil Procedure Code just because it has mentioned it for other place.
pushpakrishna
(Querist) 12 August 2014
Respected Raj Kumar makkad Ji,
Thank you very much for your prompt and positive reply. your answers really very helpful to the needy .
V R SHROFF
(Expert) 31 August 2014
u may file in Hyderabad. Company may oppose Jurisdiction and trf to Mumbai