Jurisdiction
Querist :
Anonymous
(Querist) 29 July 2011
This query is : Resolved
Dear Experts,
I have a matter of a pvt. Ltd. Co. which is filed by some other advocate and at the stage of Ex-parte hearing I’ve filed my joint vakalatnama with the same advocate and then we filed an affidavit of evidence of plaintiff. The company then has withdrawn the service of said advocate due to his misconduct. Now I am solely appearing in the matter. The details of dispute are given below:
There are three parties in a dispute. 1 is plaintiffs co., 2 is the defendant co. and 3 is the employee co. all three co has agreed to complete some work in the state of Gujarat under an agreement and a M.O.U. dtd. 30/7/2001. Both the documents i.e. agreement and MOU executed in the state of Karnataka for certain reason. The Plaintiff having their regd. Office at Vasai in the state of Maharashtra, the defendant having their office at Bihar and the employee having their office at Karnataka. As per the terms of the agreement the plaintiffs has to pay certain amount as an a security to the defendant and a certain amount as an advance to their employee co. against that they complete the certain requirement of the plaintiff and as per the terms of the agreement the defendant, after the period of six month has to repay the deposit amount to the Plaintiff. The plaintiff as per the terms of the agreement paid the amount to both the companies i.e. the defendant and their employee but the defendant failed to complaywith the terms of the agreement as well as they failed and neglected to repay the amount of deposit paid by the plaintiff co.
The plaintiff in the year 2002 filed a civil suit for recovery of their due amount alongwith nterest/compensation. The summons served the defendant at Bihar. But the Defendant failed and neglected to present before the Hon’ble Dist. Court. The matter thereafter adjourn from time to time and then kept of ex-parte. The plaintiff filed their affidavit of evidence along with two documents namely agreement and MOU. The plaintiff after examine their witness, closed their case and start argue the matter. At the time of argument, the court raised an objection on the point of jurisdiction that the work to be done in the state of Gujarat, agreement executed at Karnataka, the payment of advance amount was made from the Bhopal (M.P.) branch of plaintiff’s bank, the defendant having their office at Bihar. The previous advocate wrongfully mentioned in the plaint that the agreement signed and executed at the office of Plaintiff at Vasai but the stamp papers for agreement and agreement were purchased from Karnataka, both the documents executed on the same date and it is clearly mentioned in the MOU that the MOU executed between the parties at Karnataka.
“Further it is mentioned in a clause of agreement that “In the Event of any breach by any one of the parties of the terms herein contained and should an dispute arise on such account, both parties agrees to resolve the same by referring the matter for arbitration as per provisions contained in the Indian Arbitration and Conciliation act 1996 and location of such arbitration proceedings shall be at Delhi.”
? Under the circumstances what application shall I file? If any draft can available on
any site or with you? Are there any judgment and/or citation available in my support?
Pl. do the needful at the earliest. It is very serious.
Thanks in advance.
Advocate Rajkumarlaxman
(Expert) 29 July 2011
which applictaion you want to file now. whether before arbitartion or .........???? What i suggest is that as per the clause in the agreement if the matter has to be referred to arbitration then you have to file application before the arbitartor and that can be filed as the same as suit you have already referred to.
