Amol Palkar (Proprietor) 01 March 2012

Summons from us court in civil action

We are a BPO and were working with an American Company for last 5 years. There is a dispute over certain commercial issues

The US Company has filed a civil action against us in New York Court and summons is served to us through Pune court through Ministry of Law and Justice as per “convention of service abroad in civil or commercial matter” signed at Hague Convention in 1965)

My query is:

1) We would like to make a strong representation but whom to make the representation to? is it to NY court? Or plaintiff

2) We don’t want to submit to US jurisdiction so what would be the best approach

Thanks

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4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 01 March 2012

it is not your choice , you have to appear before US court.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 March 2012

Mr.Amol,

It would be difficult to suggest as to whether you can challenge the jurisdiction of the US Court, without going through the contractual obligations that you have entered with the company, the terms therein, the jurisdictional clause etc. The terms of contract would be germane to decided where the jurisdiction lies.

However in the meanwhile to prevent a decree in absenti/ex parte you can make a representation - but be sure to do it under protest i.e make it clear that you do so without prejudice to your right to oppose the jurisdiction.

Feel free to ask !

Amol Palkar (Proprietor) 01 March 2012

Thanks Bharat but the problem we are facing is to whom we should make the representation to? is the serving court? or plantiff ? The case is overall frivilous and we have considerable matter to defend but do Court in NY accept our response by Post?

We don't want to hire lawer in NY

R.Ranganathan (Advocate) 31 March 2012

First you have to come out with the terms and conditions under which you entered into agreement with the US Firm. Without going through the terms it will be difficult to gve any advice on this. Otherwise you address a letter to the Court in NY about your status and ask for time till you decide about what and how to go about the case. I am a practicing chennai lawyer. I am at present in Raleigh, North Carolina. My mail ravee53@hotmail.com