Filing case at place where company has branch office?

[Anonymous]

I live in Bhopal and had a dealing with a company which is having its registered office and corporate office in Mumbai. Though this company has its branch office in Bhopal, my dealing with the company was directly with its head office in Mumbai. However, the local office of company at Bhopal assisted in the deal but invoice came from Mumbai head office and I made payment at Bhopal. In such situation, can I file civil suit against company in Bhopal court or I have to go Mumbai to file case in a court in Mumbai?

[Dr. Ashok Dhamija]

You can file the case at Bhopal itself. This is because as required under Section 20 of the Civil Procedure Code (CPC), a part of the cause of action has taken place at Bhopal. Secondly, the respondent company is deemed to be carrying on its business at Bhopal also, since it has a branch office in Bhopal and in view of Explanation to Section 20 CPC, which says that “A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place”.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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