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The service of claim refers to giving notice or summons of a judicial proceeding along with the claim documents to a person who is residing in India. In 23rd November 2006, India acceded to the Hague Convention on Service broad of Judicial and Extrajudicial Documents in Civil or Commercial. The Ministry of Law and Justice being the designated competent authority, is responsible for receiving requests from other contracting states to the Hague Convention. Such requests should be in a prescribed format along with the claim documents to be served on such person who is residing in India.
It is also requisite that the claim documents should be served in duplicate and must be translated in English language. The Ministry, thereafter, shall serve the request along with the claim documents to the person concerned. However, India has opposed all the methods of service provided under Article 10 of the Hague Convention. These FAQs provide a basic understanding of the service of claim documents in India.
For contact details of the designated Central Authority and the additional authorities, see Authorities, Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
See Status table, Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
There is no specific rule or law governing service of claims abroad in accordance with Hague Service Convention. However, the central authority in India in this respect is Ministry of Law and Justice, Department of Legal Affairs, which has issued certain declarations/ notifications opposing and/or making some of the articles applicable, which are available on the website of Ministry of Law and Justice.
There is no specific rule in India providing for service of summons upon the Defendant in a member state through email.
As per the declaration made by the Ministry of Law and Justice, Department of Legal Affairs, India, it has been declared that the Indian Courts may give judgment, if all the conditions specified in the second paragraph of Article 15 are fulfilled. Therefore, six months from the date of transmission of document upon the Defendant shall be considered as sufficient time for the Defendant to defend a claim in India.
The Central Authority in India i.e. the Ministry of Law and Justice, Department of Legal Affairs, has issued a declaration thereby declaring that for the purpose of Article 16 of the Convention, an application for relief will not be entertained, if filed after expiration of period of one year following the date of judgment.
Communications and publication of information under Article 23
Article 23 of the EU Service Regulation requires member states to communicate information to the Commission about their particular service requirements, both in relation to the transmission of documents between transmitting and receiving agencies, and the other methods of service envisaged by the EU Service Regulation. For complete information on the reservations, declarations and notifications made by EU member states in relation to:
· Article 2(1) – Transmitting agencies.
· Article 2(2) – Receiving agencies.
· Article 2(4)(c) – Means of receipt of documents.
· Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I.
· Article 3 – Central body.
· Article 4 – Transmission of documents.
· Articles 8(3) and 9(2) – Particular periods set by national law for serving documents.
· Article 10 – Certificate of service and copy of the document served.
· Article 11 – Costs of service.
· Article 13 – Service by diplomatic or consular agents.
· Article 15 – Direct service.
· Article 19 – Defendant not entering an appearance.
See, e-justice portal, which has a search function to identify competent courts and authorities (the central body, the transmitting agency, and so on) and also country pages (listed down the right hand side) where information provided by member states can be checked.
It is not applicable in our jurisdiction.
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