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yogesh (will tell you later)     28 July 2008

Territorial Jurisdiction enquiry

Please inform on the following
If complainant is residing in New Delhi/Delhi and Opposite Party is residing in Hyderabad but has branch office in New Delhi/delhi and the complainant has made no transaction with the branch office but has made payment to the Opposite Party through bank located at New Delhi?

Can the complainant can files the suit against the opposite Party at New Delhi with the plea that the Opposite Party has the bRanch office located at New Delhi and the part of cause of action is also located at New Delhi( as he has made transaction through the bank which is located at New Delhi)
Please inform


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 July 2008

Mr.Yogesh,


Yes, You can. Every suit is based on the cause of action, which is abundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed. It is the foundation of the suit. The limitation of the suit is also depended upon the first cause of action. The cause of action means every fact which will be necessary for the plaintiff to prove it traversed in order to support his right for the judgement.

yogesh (will tell you later)     29 July 2008

Thanks fo reply.It ill be nice if the aforesaid facts are taken in account and please provide your opinion in this regrd?

Mohit Attri (lawyer)     30 July 2008

u can file suit against the party


(1) where his residence


(2)where cause of action arise


(3)where carrying on ordnry busness


 

RAJESH BISWAS (LAWYER)     24 August 2008

certainly you can file the complaint case at new delhi, as because section 11 of the consumer protection act has made it crystral clear that if the op has the branch office or carries on business where the case has been filed and also you can see the section 19 and 20 of the CPC it supports your contention and aslo there is lot of citation over the said issue and it suggests that if the two court has the jurisdiction in that case the option is in the hands of the petitioner to file the case. you have strong contention in your support.


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