Jurisdiction

kevin (Querist) 20 June 2015 This query is : Resolved
Hi,
I entered into a contract (from Mumbai) via an email with a co in Malaysia. The contract did not contain any jurisdiction/ arbitration clause. I fulfilled my part of the contract duly but the other party did not do so. Even after repeated reminders the other party did not care to respond. Can I file a suit in the Mumbai court? Any backing for the same. Any authority on the same would be of great help.

Thanks.

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Sudhir Kumar, Advocate (Expert) 21 June 2015
yes

Advocate Bhartesh goyal (Expert) 21 June 2015
Yes,you can file case against opposite party at Mumbai where cause of action partly or wholly arises or breach of contract took place.

Rajendra K Goyal (Expert) 21 June 2015
Agree with the experts.

Biswanath Roy (Expert) 24 June 2015
If the contract was signed by the Malayasian Party at Mumbai City jurisdiction then the jurisdiction of contractual obligations arose within the territorial jurisdiction of Bombay High Court. For Arbitration relating to export from Mumbai " RESERVE BANK OF INDIA ", Mumbai shall appoint Arbitrator. But in your case unless we can see the text of your e- mail contract and its acceptance by the recipient at Malaysia we cannot opine perfectly.