Urgent
simon
(Querist) 19 April 2011
This query is : Resolved
one of my friend has bought car under lease agreement with insurance in united kingdom and sold the car to third party while the car was under LEASE. he has received notice from solicitor behalf of the insurance firm asking to pay the damages which is equal to worth of market value for breaking the terms and condition..i.e the property is of the car company not the leaser..the notice explains the consequences and states legal action will be taken in India. the guy is in india at the moment and worried all i want to know is DO THE FIRM HAS RIGHTS TO TAKE LEGAL ACTION IN OTHER COUNTRY,IS THERE ACT OR LAW THAT ALLOWS TO TAKE ACTION IN OTHER COUNTRY APART FROM UK,IS THAT RIGHT ELSE IS HE MISUNDERSTOOD THE LETTER CONTENT. DO UK LAW HAS EXTENSION RIGHTS TO TAKE ACTIONS ON HIM IN INDIA ?????????????? as per my knowledge the uk law doesnt have right to take action on a person in other countries but im still confused. I have humble request to please email me your valuable suggestions and will appreciate so much for considering this CASE hope hear from you soon, thank you, Regards, Simon
Guest
(Expert) 19 April 2011
Dear Simon,
For better appreciation about the claim of the Insuarance Company, it will be better if you go through the terms and conditions provided in the insurance policy taking a help of some good local civil lawyer. That may help you to understand better the status of the Insurance company with reference to the leased vehicle.
However, about jurisdiction,it is not the law of the other country, but it is the position of the person that can be considered by the courts about the jurisdiction. Rather, if the company proposes to file a case in India, the company will have to fight the case with reference to the provisions of the Indian Law and not the UK law.
But, in case the company files a case in UK and gets order of the court to summon your friend to UK that may be costly for your friend to go and attend on every hearing date.
So, please don't waste time and consult some good local lawyer to reply to the notice of the Insurance company.
simon
(Querist) 20 April 2011
Dear Dhingra,
I appreciate your kind reply,it is useful advice from you.
I just want to have clear information from you,DO THE COMPANY OR UK LAW HAS RIGHT TO FILE CASE ON MY FRIENDS NAME IN INDIA,DOES IT FALL UNDER CRIMINAL OR CIVIL CASE ?
WILL HE BE SAFE IN INDIA IF THE CASE IS IGNORED,HE IS WORRIED ABOUT STATUS IN INDIA ???
Appreciate if you pass me your valuable advice on this.
thank you.
Guest
(Expert) 20 April 2011
No doubt the company can represent its case in an Indian court. It should only be a civil case, not criminal one. His position in India may be more safe compared to the other country, provided it does not adopt corrupt practices.
