Types of Process Services in India
Documents Served
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Serving Summons in India
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Serving Complaints in India
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Serving Petitions in India
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Serving Subpoena in India
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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:
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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).
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:
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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.
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Documents can not be served via mail.
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Documents must be served indirectly via the Central Authority in India.
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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 slightly longer.
Where used: Civil matters, including
Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.
Private process servers may serve documents in most
countries, whether a signatory to the Hague Service Convention, or not.
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. Typical service takes less
than one month, which is shorter than service under the Hague Convention. This
method of service is not provided for by the laws of India and may not
result in an enforceable judgment in India. Service of process via this
methods generally meets the USA federal or state rules only.
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.
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.
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