• Machinery selling

We are basically seller of machines ...we do our business in many states of india ....
in our invoices we write like SUBJECT TO ONLY AHMEDABAD JURISDICTION ....So...i want ask you that any buyer from outside can make complaint against us in their local courts or can be complaint only in ahmedabad..???
Asked 6 months ago in Civil Law from Rajkot, Gujarat
If the jurisdiction is decided then it cannot be deviated from. You have to be sued in Ahmedabad only. However, a criminal complaint for any offence committed by you can be filed by the aggrieved party where it can be filed according to the law of the land.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) since your contract contains clause subject to Ahmedabad jurisdiction all cases would have to be filed in Ahmedabad only 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
We are basically seller of machines ...we do our business in many states of india ....
in our invoices we write like SUBJECT TO ONLY AHMEDABAD JURISDICTION ....So...i want ask you that any buyer from outside can make complaint against us in their local courts or can be complaint only in ahmedabad..???

Since the jurisdiction for civil disputes have been restricted to Ahmedabad alone, you can challenge the jurisdictional validity of the case if any suit filed outside the jurisdiction.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
We are selling AgArbatti machines...we gave invoice copy to buyer in that it Write by us,  Subject to only Ahmedabad jurisdiction... No contract signed between us... In that case i am asking if anyone complaint regarding anything of machines... Then case can be filed in Ahmedabad or also anywhere èlse..!?

You have repeated the same question in a different form but the answer is same, since jurisdiction has been properly mentioned, any suit filed outside jurisdiction is not maintainable. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
The complaint can be filed by the buyers where the offence is committed, The jurisdiction decided by you is only in respect of civil and not criminal cases.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
buyer has accepted delivery of goods as per  bills raised by you 

buyer never raised any grievance that he is not willing to accept Ahmedabad jurisdiction 

3) hence it would be subject to Ahmedabad jurisdiction .
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1) it would be subject to ahemdabad jurisdiction 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
It is the invoice and the printed conditions which will speak before court or law and not somebody's own interpretation of law or imaginary concept.
The invoice clearly states the jurisdiction which was agreed by the buyer therefore he is bound by the conditions he has agreed while purchasing the product.
Therefore is at all the buyer decides to file a suit in Nagpur, you may file a petition under order VII Rule 11 of CPC seeking  to reject the plaint owing to jurisdictional issues
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
The meaning of the phrase is same 

You can rephrase it if possible as subject to exclusive justification of courts at Ahmedabad only 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
The endorsement 'SUBJECT TO AHMEDABAD JURISDICTION'  has to be made in all the invoices to the party to make the meaning of the condition effective.
What is the taly doing with the printed invoice forms.
The printed invoice forms can contain the said wordings which is an  authentic proof.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
If you have used the word only either before or after ''Ahmedabad Jurisdiction'' then the civil jurisdiction shall vest in only the competent court in Ahmedabad. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
As I said before, the jurisdiction of the criminal courts is not ousted or regulated because of the jurisdiction clause.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
431 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0