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B.P. Bhardwaj (delhi)     28 June 2008

Jurisdiction

Person  'A'  Of City 'C'  ordered some goods to person 'B'  through a purchase order addressed to 'B' at latter's  mktg. office, which is situated in city 1. Person B is having his head office at city 2 .
Now person 'B' sends delivery instruction to his factory situated in city 3 and goods are received by person 'A' as per purchase order.

Now person 'B' shifts its mktg office to city 4 where person 'B''s  another factory is situated. 'A' did not make payment for the goods delivered by 'B'. Therefore 'B' wants to file a suit for recovery against 'A'.

Please suggest me in which of the above mentioned four cities person 'B' can file his suit for recovery.

Thanks in anticipation,

B. P. Bhardwaj

 



 5 Replies

Kiran Kumar (Lawyer)     29 June 2008

file a suit either in city 1 (where ur marketing office is) or in the court where A (the buyer) is having his office or place of business or residence. The transaction was done and completed from ur city 1 office. dont file form either city 2 or 3 or 4, it ll cause jurisdiction trouble.

Ashley (Head - Legal & Secretarial)     29 June 2008

In my view it should be city 1 or city frm which goods are despatched, rest all u wud loose ur jurisdiction.
Cheers
Ash

KamalNayanSaxena (lawyer)     30 June 2008

Yes, I do agree with the contention of Mr. Kiran Kumar.

podicheti.srinivas (advocate/legal consultant)     30 June 2008

The suit for recovery of money or anything should be filed at the residene/bussiness place of the defendant  or concluded contract against the defendant at whom the suit is filed.or else the defendant may file a preliminary objection seeking the court to decide the court that it has no jursdiction to entertain the suit as it lacks jurisdiction..

ASHUTOSH (lawyer)     30 June 2008

hi    as per ur question u have to see where cause of action arise either in the juridection of defendants or juridection where plaintiff resides juridection is boundel of facts so it can be decided by the facts


 


ashutosh


 


 


 


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