Legal Question in Criminal Law in India

A company fails to deliver the order but payment was already given by the opposite party. the opposite party has its head quarter at bangalore . but the party who fails to deliver communicated with the other company's head office i.e., at kolkata. can kolkata office initiate to claim for the paid money i.e., 15 crore?


Asked on 12/18/12, 11:05 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

how bout the agreement. is there any jurisdiction clause in it? in the absence of jurisdiction clause where both the parties agreed to submit to a particular jurisdiction, the case can be filed either at Kolkata or Bangalore. you may visit my website www.karvai.in and we can assist you in this matter.

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Answered on 12/18/12, 11:12 pm
Fca Prashant Chavan Expert Edge LLP

19.12.2012

Your case is governed by the provisions of the Indian Contract Act, 1872.

If the Company making the payment is the same to whom the delivery of the goods ought to have been made, the Company who has received the amount is bound to supply the goods contracted, the destination of the goods be it in Bengaluru or Kolkata. If the goods have not yet been received at Kolkata, the Accounts Department should write a reminder to the Company on whom the order has been placed to supply the goods, with a copy of the reminder sent to the Bengaluru Office for information.

Regards,

FCA Prashant Chavan

Mumbai

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Answered on 12/18/12, 11:47 pm

you may file suit either bangalore or calcutta as the cause of action arose either at kolkata or at bangalore. for details contact with me in my number 9874753359 in my office at kolkata.

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Answered on 12/21/12, 5:35 am
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 1/03/13, 11:13 pm


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