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Jurisdiction and Arbitration clause

kripakaran - Member Since: Jul 2009
Subject - Jurisdiction and Arbitration clause
I am filing a case against a big IT company in Noida to recover
the bond amount which was wronlgy recovered by them and how long this case
will go on roughly - will it be a civil case or any other section.

I believe it is just a pure negligence by the HR or if it is intentional then it is a
cheating case?

In the bond it is mentioned that the jurisdiction is New Delhi
Iam currently undergoing treatment and cannot travel much
Can I ask the court to change the Jurisdiction to Chennai where I
currently live.

Second Question is - in that bond it is mentioned something like arbitration
and the arbitration location is also New Delhi what is this clause and whom should I
contact for the arbitration again the court or the company

I have already finalized a lawyer but I know internet is a big medium and I and my lawyer could get
some excellent points and advices.


Thanks all
pkmk_Law - Member Since: Jul 2009
Subject - Re: Jurisdiction and Arbitration clause
Mr.Kripakaran,

The bond upon which u r trying to file a suit for recovery is in simple terms - an agreement - by which the company is bound to pay X amount to ur goodself. It is purely civil suit for recovery. As per Contract Law, upon failure of one party who entered into an agreement, to do or abstain to do something, the other can establish his right through court of law.

But u must also take into consideration that when u r trying to contest based on the agreement (bond), you are also bound by the terms & conditions of the agreement. In such way you are also bound by the arbitration & Jusrisdiction clause, which states that the place of arbitration & Jusrisdiction is New Delhi.

Arbitrator is a middle man, who can be fixed by both parties in agreement (bond) upon mutual understanding. In case of dispute in fixng arbitrator, then pl approach the court of law, which shall fix the arbitrator. The said arbitrator shall decide the place, time etc to proceed with.

Above all are given to just clarify in general.. for more calrifications, pl contact ur good advocate who will do the needful.

Best Regards,

P.K.M.Kumar.
kripakaran - Member Since: Jul 2009
Subject - Re: Jurisdiction and Arbitration clause
Thank you sir for your kind reply. I have already sent a notice to this company and waiting for thier reply.

 


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