Back
K. R. MOHAPATRA
Netrine Confectionary Ltd. , Andhra Pradesh – Appellant
Versus
K. Renuka – Respondent
JUDGMENT
K.R. Mohapatra, J.—This matter is taken up through hybrid mode.
2. Order dated 11th October, 2012 (Annexure-5) passed by learned 1st Additional Civil Judge (Senior Division), Cuttack in Civil Suit No.175 of 2008 is under challenge in this writ petition, whereby an application filed by the Defendant No.1-Petitioner to hold that the said Court lacks territorial jurisdiction to try the suit, was dismissed.
3. Opposite Party as Plaintiff filed the suit for realization of Rs.11,78,000/- from the Defendant-Petitioner along with an interest at the rate of 12% per annum. The Defendant No.1-Petitioner filed written statement denying its liability to pay the amount. The Petitioner also filed an application (Annexure-3) to decide the issue of territorial jurisdiction of learned trial Court to try the suit at the threshold on the ground that Clause-26 of the agreement, which was mutually agreed upon by the parties and basing upon which the suit is filed, clearly stipulates that ‘all disputes that may arise with regard to this agreement shall be subject to Chittor (A.P.) Court jurisdiction only.’ Thus, learned trial Court lacks jurisdiction to try the suit. Learned trial Court without
Issue of territorial jurisdiction – When suit is ripe for trial and it is posted for evidence of Plaintiff, adjudication of issue of territorial jurisdiction of Court will certainly be a piece-meal t....
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
The exclusive jurisdiction clause in a contract governs jurisdiction irrespective of the seat of arbitration or the place of hearings, emphasizing the primacy of contract in determining jurisdiction.
The court established that parties can agree to confer exclusive jurisdiction to a specific court, and such agreements are enforceable, particularly when the cause of action is connected to that juri....
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
