Legal Question in Civil Litigation in India

I am in the USA. I had a problem with a company in India and the company is trying to start an Arbitration process against me in India (due to a arbitration clause) even though I didnt want it. It looks like they might have started the process and the court has ordered a process to be served. What are my options, what if I refuse to accept the process server notice? how serious is this to refuse the process server?

Asked on 5/20/13, 2:07 pm

3 Answers from Attorneys

Vishwa Arya Arya & Co.

If you refuse to receive the notice from the Arbitrator or the process notice through court u/s 29 of the Arbitration & Conciliation Act 1996, then the same shall be considered as deemed service under the General Clauses Act. One is deemed to have been served if the endorsement on the process is Refused or Refusal. If the notice is direct from the Arbitrator, he shall proceed Ex Party, i.e. in your absence. If the notice is through the court, then the court shall direct the arbitrator to produce ex parte. In all such cases, the arbitrator shall hear the claimant in your absence and decide on the basis of case presented by the claimant.

Incidently, currently I am in PA. and would be going back to New Delhi, India in Mid June.

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Answered on 5/20/13, 5:07 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

It needs to be ascertained as to where the agreement was executed by you and the nature of work. It cannot be opined straightaway that you will have to abide to the clause unless the lawyer conducts thorough legal research. you may talk to my senior Mr. Rajiv on 9811284735 and he would guide you better.

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Answered on 5/20/13, 11:35 pm
Fca Prashant Chavan Expert Edge LLP

21.05.2013

Dear Sir / Madam,

If at all you receive a legal notice, replying to it appropriately is recommended.

Regards,

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Answered on 5/21/13, 3:52 am


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