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shailja shukla   22 April 2020

moot problem

moot problem

Mr. Abhinav Mishra is a 17 years and 5 months boy (as on 01.01.2009) who lives in Delhi. He is genius in the field of computer science and has a keen interest in learning and creating new things. One day, while surfing the internet, he finds an advertisement for a freelance app developer for company named Orange Electronics. Interested in the post Abhinav contacts the company where upon he talks to Ms. Shweta. She informs him that for this, he has to qualify an interview which will be conducted by the Vice president of the company at the headquarters of the company in Lucknow. During the interview which held on 12.02.2009 Abhinav is able to impress the Vice President of the company which his knowledge and ideas and successfully gets the contract.
The company on 15.02.2009 sends the contract by post for his signature. He signed the contract post it back to the company on 21.02.2009 which was duly received by the company. Abhinav is also informed by the company that he has to develop the app within five months otherwise, the company will not able to launch the app on scheduled time and will suffer losses. In furtherance to the contract the company also hand over a device and Rs. 1,00,000 to Abhinav in order to develop the app asked by the company.
Realizing that he will not be able to develop the app before the decided date, he seeks extension three months on 15.07.2009 and promises to submit the same on 22.10.2009. He also asked for a further amount of Rs.50,000 in order to complete the project on time. But by then the company started further processing work for the app and had also spend a lot on the related promotional activities. Already facing measure losses the company is not in position to give any extension of time to Abhinav. The company gave a notice to Abhinav to return the device which was gave to him to develop the app and pay compensation for the losses suffered by the company which was denied by him.
On 12.12.2009 the company filed a civil suit for damages and recovery of the device and the money given against Abhinav in the court of Lucknow, accusing Abhinav of breach of contract.

The issues are under consideration :
1) Whether the Lucknow Court has jurisdiction?


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 April 2020

Yes. Lucknow is very much is its jurisdiction since company head office located at Lucknow. 

manohar   23 April 2020

You are not liable for loss as you are minor at the time of contract. Contract with minor is ab initio (invalid from the date of contract)

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