Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Jurisdiction of courts  (Read 1101 times)

0 Members and 1 Guest are viewing this topic.

Offline S Natarajan,IRSS

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Jurisdiction of courts
« on: June 23, 2017, 10:53:47 AM »
Dear All,

Good Evening. I am S.Natarajan,IRSS working as Senior Materials Manager,Southern Railway.

I request you to kindly clarify my doubt regarding a case,which i am handling at present. I am from non-legal background and hence find it difficult in understanding the case.

Our job is to procure materials to be used in Southern Railway by entering into contracts with several firms. In one such instance, Toilet soap was procured from a firm by entering into a contract with it. Our contracts are governed by Indian Railway Standard (IRS) Conditions of Contract. The same was clearly mentioned in our Purchase Order and the firm has agreed to it.

The firm was supposed to supply the soaps as per the provisions of Indian Standards (IS:2888-1964).However,the supplies were found to be below standards and hence they were eventually rejected.

The firm contested the rejection and filed a civil suit in its place of business. As per the IRS Conditions of Contract, firm must have resorted to arbitration first before proceeding for litigation. Also, it is clearly mentioned in IRS conditions of contract regarding jurisdiction of courts that only those courts have the jurisdiction where the tender has been accepted.

In this case, our place of business is different from the supplier's place of business. Since the acceptance of tender is done at our place of business, is it legally valid for the firm to file a suit in their place of business and not at ours?

Can this case be dismissed on the grounds that the case must be heard in the courts located at our place of business only?

Requesting you to kindly clear my doubts.

Thanking You,
With Regards,
Mobile: 90031 60796

Offline sahibsingh94

  • Newlaw
  • *
  • Posts: 14
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Jurisdiction of courts
« Reply #1 on: December 06, 2017, 03:37:41 AM »
What you can do is in your Written Statement take these grounds of jurisdiction and also that the present matter is to be referred to arbitration.

But if you think you have strong case it is better you pursue the jurisdiction ground.
Sahib Gurdeep Singh

Offline kalaskarkk

  • Veteran at Law
  • *****
  • Posts: 426
  • Karma: +4/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Jurisdiction of courts
« Reply #2 on: February 02, 2018, 01:36:42 AM »
Dear Sir,

You have two options, one is to file a preliminary objection in respect of jurisdiction under Order 14 Rule 2 of Civil Procedure Code stating that suit cannot be filed at the place where supplier resides as per the terms of tender. A preliminary will be raised and then it will be decided in your favour.

Secondly you must file an application under Section 151 of Civil Procedure Code stating that the present suit cannot be entertained in view of non exhausting the available speedy provision of ARBITRATION.

If you could send your xerox copies to my below address i have been a better position to advise you properly and also prepare above applications.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

Free legal Advice - lawyers Forum


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2019
Get Free legal Advice here from top notch lawyers in India