Recovery suit
N S RAJASEKARAN
(Querist) 09 December 2009
This query is : Resolved
Panel Members
I need to be clarified on whether civil recovery suit can be filed at Bangalore :-
1. against a customer who is at Hyderabad who's business transaction with my company was at Hyderabad ONLY? (means point of despatch and point of delivery are at Hyderabad)
2. What will be the status, if the case is already taken into consideration at Bangalore city civil court?
Please help
NS Rajasekaran
Bangalore
niranjan
(Expert) 09 December 2009
If the order for delivery was placed at bangalore,if the bill is sent from bangalore,if your company is maintaining the accounts at bangalore,suit is maintainable at both the places. In the present suit,the deft.will take objection of jurisdiction which can be decided as pre.issue,however if that goes against you,the suit could only be returned to you for presenting to the proper court.
Devajyoti Barman
(Expert) 09 December 2009
You can file the suit in either of the places.However if such suit is already pending in Bangalore court then another suit on self same cause of action would be barred in any place including Hyderabad.
Raj Kumar Makkad
(Expert) 09 December 2009
The place where ita of cause of acion has accrued is the proper place for sueing any defendant and same law is in your case so no chance at Bangluru.
The case has been filed at Bangluru without having any jurisdiction then the plaint can be got returned by defendant on this sole ground as per order 7 rule 11 of cpc.
