I have received the show cause legal notice from the hon high court of Teleanga & asked to appear in person or by advocate on 23 June for hearing to whether to admit the notice of APPOINTMENT OF ARBITRATOR or not, it is for appointment of arbitrator in the dispute between us & TMEIC india, we purchased MVD from Toshiba last year & paid 70% money. Toshiba failed to honor commitment by not giving PBGuarntee, software so we deducted the money. We sold units to our end customer SRNL IN Gujarat. SRNL also hold our money of 10% as performance money which they will release after a year which is about to expire on July 5 2017. WE ALSO HAVE TO COLLECT ADDITIONAL MONEY FOR ADDITIONAL WORK FROM SRNL. (Shree Rama News Print Ltd)
We need help for following,
When cause of action is in Gujarat, buyer & end customer both in Gujarat how cum High court of AP has jurisdiction.
We need legal help or good advocate who appear for us on June 23 or can we request court by mail/fax or speed post to postpone hearing because we are in the final process of closing the case & no need for arbitration.
We already told Toshiba we are ready to pay subject SRNL also clear the system because they are the user.
Please help for the subject matter immediately. If need more information do let us know. more
We need help for following,
When cause of action is in Gujarat, buyer & end customer both in Gujarat how cum High court of AP has jurisdiction.
We need legal help or good advocate who appear for us on June 23 or can we request court by mail/fax or speed post to postpone hearing because we are in the final process of closing the case & no need for arbitration.
We already told Toshiba we are ready to pay subject SRNL also clear the system because they are the user.
Please help for the subject matter immediately. If need more information do let us know. more
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The answer of your first Question is in your statement i.e. "dispute between us & TMEIC india"wherein the TMEIC india must have the Office and the cause of action taken place in relevant Jurisdiction of the HC. 2. You can very well request to the Court by way of application ONLY stating the reasons for adjournment. "mail/fax or speed post " may not suffice the purpose as the Court may feed offended, if not, still there will be fear of Ex-party judgement, which may cost you additional Cost of time, money and efforts. 3. Advisable to opt for Local HC lawyer, else in case you need special efforts pl. write to us (in case of Need as the relevant date is already expired) with latest developments in the matter more
Jun 25
MATTER IS ADJOURN FOR A WEEK PL ADVISE IMMEDIATELY WE ASK FOR MORE TIME TO REPLY more
Jun 25
As per the information available on internet, TMEIC in India has registered office in Telangana and hence a notice is served form Telangana HC as TMEIC might have filed complaint in that court. TMEIC Industrial Systems India Private Limited Unit #03-01, Third Floor, Block 2, Cyber Pearl HITEC City, Madhapur, Hyderabad - 500 081 Telangana , India Phone: +91-40-44340000 | Fax: +91-40-44340034 Now, please appear before HC Telangana. Submit your say containing facts related to transaction between TMEIC and you ONLY. TMEIC or the court is not concerned with what you did further after purchasing the unit or whether your payment is pending from other end. more
Jun 17
You can appear in person and explain your position. But do not confuse - contract between you & Toshiba and you & SRNL are distinct from each other unless you had acted as an intermediary only with ful knowledge of Toshiba & SRNL. Your post needs amplification and you need to carefully read the two contract conditions. more
Jun 17
1. Where was the sales executed ? Please check whether the agreement contains a clause regarding arbitration and jurisdiction of court. 2. Mail /fax/ speed post would not help. Better to appoint an advocate to represent your matter before the court . Initially you can file vakalat then seek adjournment, file your counter and indicate your willingness to settle the issue with or without mediation or adalat. 3. There is no privity of contract between Toshiba and SRNL and you will have to sort out the matter irrespective of the clearance by SRNL. more
Jun 17
yes we have arbitration clause in agreement in which each side appoint one arbitrator, two together appoint third all will settle dispute, sitting at hyderabad & no court mention in it. in this case where is the high court come into the picture more
Jun 17
