Jurisdiction of Indian Courts for transaction between two NRI's.
NRI 'A' agreed under a verbal agreement to buy a property belonging to parents of NRI 'B' and made an advance payment from the local Bank in the country of his residence to the local bank of the country of residence of 'B'. "A' has paid only 10% of the amount and as 'A' was unable to pay the rest of the amount, the deal did not go through. "A' has filed a case in the Indian court for getting back the money by claiming that the value agreed was far less than the amount agreed so that the money paid would seem to be 30% of the total value. "B' is arguing that the amount paid is only an EMD and he is not liable to pay back the amount. No agreement has been signed. Only evidence is the bank transaction receipt. Both NRI's are now residents of India.
a) Does the Indian court have jurisdiction over transfer of money in foreign banks? If 'B' claims that he did not receive the money and as both banks will not come to India to give evidence in the court, how can this case be tried and disposed off legally?
b) Can a verbal agreement made by party 'A' on foreign soil be used by the court to attach the property of 'B' in India?