Legal Question in Civil Litigation in India

res. sir, my problem is:-

the plaintiff is a contractor and the defendant is state. there is contract to construct road. but due to natural calamity , work couldnot complete within stipulated time.

defendent cancelled the contract and started recovery of guarentee of money.

plaintiff approched to civil court for injunction.

now problem arise:- in the above contract, there is a clause that in case of any dispute b/w the parties arises out of contract, the party at the first instance shall move to the authority who shall not be below the rank of assisstant engineer. the above authority wll give their report in 60 days . the parties have a right to move to arbitration against the report.

my confusion is:- whether the jurisdiction of civil court is barred in view of such clause???

pls do reply, its urgent


Asked on 12/06/12, 8:43 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.12.2012

Dear Sir / Madam,

The jurisdiction of the civil court in Hajarpur, Jamania, UP is not barred. The concerned judge(s) addressing the case have granted 60 days time to both the parties to hear and dispose the stay order appeal and give their judgement.

I recommend you consult a local advocate to study the actual facts and represent your case.

Regards,

FCA Prashant Chavan

Mumbai

Read more
Answered on 12/07/12, 8:59 pm


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