can civil suit can be filed in india when there is clause of singapore law
N.J. MISHRA
(Querist) 08 December 2010
This query is : Resolved
please members suggest me,
that our is the ship managment company having its head office at singapore and having its liasoning office at Mumbai, chennai, kolkata, delhi, chandigarh, kochi, dehradun, pune and patna. we recruit seafarers for the ships and manages the same. once the seafarer is appointed for the ship he executes the employment contract. all the contract are executed in Mumbai only. there is one clause in the said contract that "by signing this contract you (seafarer) also agree to singapore law governing all mattres arising from thsi contract (except compensation for death or injury covered by these terms) and all claims are subject to the jurisdiction of the court of Singapore". so can the company file a civil suit for recovery in india even though the agreement was signed in india.
A V Vishal
(Expert) 08 December 2010
Under S.20 of the CPC, jurisdiction lies where:
a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
Advocate Bhartesh goyal
(Expert) 08 December 2010
Yes,Company can file recovery suit in India.S 20 of C.P.C is very clear.
N.J. MISHRA
(Querist) 09 December 2010
SO AS PER SEC. 20 CLAUSE () CA COMPANY FILE A RECOVERY SUIT IN MUMBAI SINCE THE CONTRACT WAS EXECUTED IN MUMBAI, ALL THE SEAFARERS DOES NOT BELONGS TO MUMBAI THEY ARE FROM DIFFERENT PARTS OF INDIA.
N.J. MISHRA
(Querist) 09 December 2010
SO INVOKE OF CLAUSE "by signing this contract you (seafarer) also agree to singapore law governing all mattres arising from thsi contract (except compensation for death or injury covered by these terms) and all claims are subject to the jurisdiction of the court of Singapore". WILL NOT MAKE ANY DIFFERENCE IF FILE A SUIT INDIA U/S. 20 CLAUSE (c)OF C.P.C.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 December 2010
If there is no conflict in the law regarding contract provisions and substantial present of co is there in India than only the matter can be filed in India.
