Fixation of jurisdiction
Nanjunda
(Querist) 09 October 2017
This query is : Resolved
sir,
We were doing a business with a company and they have made an agreement with us as "the parties hereto agree to submit to then exclusive jurisdiction of the courts in Mumbai alone in the event of any disputes". Now we have closed the business with them and we have to receive some amount from them, we were receiving the statement of accounts with then every year and which is tallied with our accounts and when we asked for our amount they are telling that we have to pay some amount as they are doing a separate account named kitty account and which is an ongoing process and they are not showing that amount in the statements every ear end and when we filed in the mediation court they attended three times and the judge told the company people that the payment should made but they refused and the raised a debit note and produced to the court after that we have filed a civil suite and after 4-5 hearings now they are filed an objection as they made an agreement with us regarding jurisdiction and to dismiss the same .And our lawyers are telling that anyone can not fix the jurisdiction and also the entire transaction done in our place so we can file the case in our place so please clarify regarding the fixation of jurisdiction
P. Venu
(Expert) 10 October 2017
It appears that your lawyer has a strong case inasmuch as the so called kitty account is beyond the terms of the agreement.
Rajendra K Goyal
(Expert) 10 October 2017
Since the case is pending with the court, nothing fruitful advice possible with the given facts without referring full case file.
Believe in your lawyer.
Kumar Doab
(Expert) 10 October 2017
The matter of jurisdiction is raked up in court and your lawyer that has seen all of said docs is confident.
Court shall decide on merits.
