How Can An Nri File Fraud Case Against Any Indian Company ?

The following article explains about different methods to resolve a dispute, the court proceedings, etc. in case a company or firm is suing or is being sued by an NRI.

An NRI may file a case in the court of relevant jurisdiction. Many states in India have also constituted commercial courts which address disputes with transaction value of more than Rs 1 crore.

Dispute Resolution Methods used in jurisdiction to resolve large commercial disputes-

• In addition to the methods of Arbitration and Litigation, some other methods like Mediation or Conciliation can also be used before or during the proceedings to resolve a dispute.

• Disputes with value of Rs 3,00,000 or more can also be heard by designated Commercial Courts under the Commercial Courts Act, 2015. These commercial disputes could be due to

1. Financing transactions

2. Franchising

3. Import or export of goods or services

4. Admiralty or maritime law

5. IPRs

6. Joint venture or shareholder agreements

• Almost all huge commercial contracts have an arbitration clause, which provide for the preference of the parties to arbitration rather than a lengthy court case. In India, an arbitration proceeding should be completed within 12 months.

Limitation Period in the proceedings of the court-

• Many claims under the contract are subjected to a limitation period of three years.

Courts addressing the contract disputes.

• Civil court’s jurisdiction is determined by the value involved in the dispute i.e. the pecuniary jurisdiction and the territorial jurisdiction.

• Special tribunals have been provided with powers to deal with issues of specific nature.

1. National Company Law Tribunal (NCLT) deals with the disputes of the shareholder , cases of oppression and the mismanagement, other company related claims, etc.

2. Competition Commission of India- deals with the anti-trust or competition law disputes.

3. Debt Recovery Tribunal- deals with the proceedings related to debt recovery by the banks or certain financial institutions.

Lawyers who have the right of audience to conduct cases in courts having jurisdiction over the large commercial disputes.

• Lawyers enrolled with any of the State Bar Councils in India have the right of audience in the courts, tribunals and quasi-judicial bodies subject to some exceptions.

• Specialist tribunals also allow non-lawyers to represent their clients, for example NCLT allows the Company Secretaries, Chartered Accountants or cost accountants to conduct the cases.

• In addition parties could be represented by themselves in court proceedings, also the court may permit a person not enrolled as an advocate to appear before them as per the Advocates Act, 1961. It is, however, advised to seek the assistance of experienced Corporate Lawyers In Delhi or a Corporate Lawyers In Gurgaon or your city to represent you in the courts, as they will have a better understanding of the legal provisions involved.

• The Supreme Court in a recent judgement has ruled out the representation of foreign lawyers or law firms to offer legal service in the country on a permanent basis. They may offer advice in casual visits only which shall not amount to regular practice of law.

• A foreign lawyer could also be permitted to appear in India-seated arbitrations and shall be governed by the code of conduct applicable to Indian Lawyers.

Conclusion-

Any civil suit brought upon the company based in India, should be governed as per the provisions provided by the country. If there is a provision in the contract signed by the parties to sort out any dispute through the process of arbitration or court proceedings in a particular court, all you have to do is follow the procedure of respected law.

Thus, the proceedings must remain the same. It is, thus, advised to seek the advice of experienced Corporate Lawyers In Noida, so as to have a better understanding of the legal procedures involved in your case.

Lead India offers you a team of experienced advocates who have been successfully dealing with various civil suits and can provide you with the required legal assistance or advice related to your case. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.

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