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BHARTI KOTHARI (practising advocate)     19 May 2015

Jurisdiction

hELLO FRIENDS, in my case I have entered into an agrrement for partnership for development of building vide notorised agreement signed at Navi Mumbai in respect of property at Navi Mumbai. I am staying at Mumbai. Defendant staying at some third place. Now subsequently he has shown his inability for partnership and has offered me a flat in his some other project at Navi Mumbai by sale for consideration I contributed in partnership business. Even thiss agrement was only notorised at Navi Mumbai. then again he has shown difficulty and has finally asked me to take back refund of my contribution and issued cheque payable at par and same was deposited by me at my banker at Mumbai and which get bounced.

Now my query are

can I file summary suit for recovery at Mumbai as in my opinion the bouncing of cheque, being part of cause of action was done in jurisdiction of Mumbai court.

can I file consumenr complaint as I opinion since the first agreement was for joint development and therefoere probably I am not coming in tthe defination of consumer?

similaaryly can I file cheating case at Mumbai court as in my opinion the bouncing of cheque, being part of cause of action was done in jurisdiction of Mumbai court.

PLEASE HELP ME.

 



Learning

 2 Replies

bsrao   19 May 2015

Check bounce case is your immediate remedy. Ensure you do not exhaust that.

You have NO case in the consumer court.

Yes. You can file a suit for recovering the monies, simultaneously, in the court that has jurisdiction over your area (residence).

T. Kalaiselvan, Advocate (Advocate)     21 May 2015

Yes you have remedies viz., cheque bounce case and money recovery suit in civil court simultaneously, and also can opt for a consumer court case too. 


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