Madaan & Co.
Attorneys at law & Advocates   lawfirm

Process Serving in India, Serving Summons & Documents in India

Subpoena Serving in India Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters, Serving Summons in India, Serving Subpoena in India, Serving Process in India, Serving Complaints in India, Process Servers in India, Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters

Madaan & Co.
Attorneys at law
E-mail: 
click here
Fax: (216) 928-9537 (USA)
WWW.MADAAN.COM

Click here to Contact us for Process Service in India

 

States of India:
Andhra Pradesh • Arunachal Pradesh • Assam • Bihar • Chhattisgarh • Goa • Gujarat • Haryana • Himachal Pradesh • Jammu and Kashmir • Jharkhand • Karnataka • Kerala • Madhya Pradesh • Maharashtra • Manipur • Meghalaya • Mizoram • Nagaland • Orissa • Punjab • Rajasthan • Sikkim • Tamil Nadu • Tripura • Uttaranchal • Uttar Pradesh • West Bengal

Union territories in India:
Andaman and Nicobar Islands • Chandigarh • Dadra and Nagar Haveli • National Capital Territory of Delhi • Daman and Diu • Lakshadweep • Pondicherry

Major Cities of India:
Agra Ahmedabad Ajmer Allahabad Amritsar
Aurangabad Bangalore Bharatpur Bhopal Bikaner Bombay Calicut Chandigarh Chennai Cochin Coimbatore Darjeeling Dehradun Dharamsala Gurgaon Gwalior  Haridwar Hoshiarpur Hyderabad Indore Jaipur Jaisalmer Jalandhar Jodhpur Kanchipuram Kaporthala Kodaikanal Kolkata Ladakh  Lucknow Ludhiana Madurai Madras Manali Mumbai Munnar  Mysore Nainital Ooty Patiala Pune Pushkar  Shimla Trivandrum Udaipur Varanasi

Process service in Delhi
Process service in New Delhi
Process service in Punjab
Process service in Haryana
Process service in Chandigarh
Process service in Mumbai
Process service in Bombay
Process service in Maharashtra
Process service in Gurgaon
Process service in Chennai
Process service in Kolkata
Process service in Bangalore
Process service in Amritsar, Ludhiana, Jalandhar, Patiala
Process service in all parts of India


 

5585

Please Read Disclaimer

No legal advice is intended in the statements contained herein. The information contained herein is provided for general information only and may not be accurate at the time of service in a particular case or country. Care should be exercised in choosing the method of service (formal/informal) if eventual enforcement of a judgment is anticipated in the country where the documents are to be served.

Copyright © Madaan & Co.

Types of Process Services in India

Documents Served

  • Serving Summons in India

  • Serving Complaints in India

  • Serving Petitions in India

  • Serving Subpoena in India

  • Serving Divorce papers in India

  • Serving Commercial papers in India

  • Serving Corporate litigation papers in India

  • Serving Other Judicial and Extra-Judicial documents in Civil and Commercial Matters in India

Where required:

  • In Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.

Applicable law in India

1. India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters. India acceded to the Hague Service Convention in late 2006 and the treaty is enforced in India from August 1, 2007.

2. The Indian Code of Civil Procedure, Act of 1908 (CPC).

inmhorsd.gif (940 bytes)


Formal Service of Process or Documents in India from the Courts of Foreign Countries who are signatory to the Hague Convention:

India is now a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters.  Therefore, the formal method for service in India with effect from August 1, 2007 is pursuant to the Hague Convention and declaration or special conditions mentioned by India in while signing the Hague Convention.

The declarations to the Hague Service Convention made by India include the following conditions:

  • Documents for service must be written in the English language. This is a good news for USA litigants who do not have to bear the costs of translation.

  • Documents can not be served via mail.

  • Documents must be served in India indirectly via proper authority.

  • Documents under the Hague Convention can not be served directly to the defendants in India by private judicial officer.

In addition all the requirements of the Hague Convention must be met while serving the documents, complaints, summons / subpoena in all Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.

Advantage: Enforceable judgment in the country where documents served.

Disadvantage: Completion of the service usually takes longer.

Where used: Civil matters, including Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.

In an nutshell, for a case filed in a court in the United States of America, the service in India under the Hague Convention is generally required. Specially, if the judgment given by a court in the USA (or any other foreign country which is signatory to the Hague Convention), is to be enforced in India, then service under the Hague Convention is required. However, since the service under the Hague Convention takes a longer time, some people prefer to do both, Personal Service along with the Service under the Hague Convention. 

Click here to Contact us for Process Service in India under the Hague Convention

inmhorsd.gif (940 bytes)

 

Personal Service in India

Private process servers may serve documents in most countries, whether a signatory to the Hague Service Convention, or not. Typical service takes less than one month, which is shorter than service under the Hague Convention. Service of process via this methods generally meets the USA federal or state rules only. Service is normally handled in a manner similar to methods used in the United States, although completion of the service usually takes slightly longer than the United States.  This method of service is not provided for by the laws of India and may not result in an enforceable judgment in India.

Advantage: No delays: completion of the service is faster; Lesser costs; Enforceable judgment in the home country.

Disadvantage: Judgment may not be enforceable in India, depending upon the matter.

In an nutshell, for a case filed in a court in the United States of America, the service in India under the Hague Convention is generally required. Specially, if the judgment given by a court in the USA (or any other foreign country which is signatory to the Hague Convention), is to be enforced in India, then service under the Hague Convention is required. However, since the service under the Hague Convention takes a longer time, some people prefer to do both, Personal Service along with the Service under the Hague Convention. 

Click here to Contact us for Personal Service in India

inmhorsd.gif (940 bytes)

 

Letter Rogatory:

A letter rogatory, also known as a "letter of request", is a request from a court in the United States to a court in a foreign country requesting international judicial assistance in effecting service of process.

This method is time consuming, cumbersome, and should be used only when other options are not available. The use of this method is not recommended by the U.S. State Department given the habitual time delays from one to two 2 years in the execution of requests. Fees for this method of service are generally higher than other methods.

Advantage: It creates a case in the country where the documents are served and makes judgment enforceable.

Disadvantage: Time delays and higher costs.

inmhorsd.gif (940 bytes)

See also FAQ on Process Serving in India

inmhorsd.gif (940 bytes)

Click here to Contact us for Process Service in India

Contact Information:
Madaan & Co.
Attorneys at law
E-mail:  click here
Fax: +1 (216) 928-9537
(a US area code)
WWW.MADAAN.COM
 


Home Page | Our Services  |  Newsletter | Contact us  

 Process Serving in India - TypesFAQ on Process Serving in India  | NRI & PIO  | Marriage & Divorce Procedure in India  | Obtaining Marriage Certificate in India | Enforcing a Foreign Award in India | Enforcing a Foreign Judgment in India  |  Litigation in India | Dispute Resolution in India | Arbitration in India | Arbitration in USA  |  International Commercial Arbitration  |  Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial MattersIndia Hague Process Servers  |  Serving Complaints in India  | Serving Documents in India

Doing Business with India | Incorporating company in India | Procedure for Formation of Company in India | Patents in India | Trademarks in IndiaTax Rates in India | Joint Ventures in India | FDI in India Sector wise Guide | India Business | Arbitration in India | Cyber Laws of India | Corporate Compliance in India | Corporate Affirmative Action Program in India  |  Outsourcing Agreements | Outsourcing to India | Legal Outsourcing |  Investing in Real Estate in India  | NRI & PIO

inmhorsd.gif (940 bytes)