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abhishek (owner)     10 September 2014

Money suit

If a non indian company who does not have any business in india or any asset in india files a money suit in india.

Is there any rule in which court can ask for security deposit if the defendant files a counter claim.



 3 Replies

Hardeep (Business)     10 September 2014

Order XXV Rule 1 of the CPC may hold . Defendant need not file a counter claim.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

SURESHKUMAR.S (ADVOCATE)     21 October 2014

The Suit is to be filed where the entire or part of cause of action arose/where the defendant resides or conducts business.  So, non -indian company can file a suit for recovery of money in Indian courts. 

If defendant files a counter claim, -only requirement is he is bound to pay the court fee, for the counter claim.

Or38Rule 5 CPC provides Attachment before Judgment' .

Or 25 Rule 1 CPC provides only Security for Costs.  

 

1 Like

Sudhir Kumar, Advocate (Advocate)     02 November 2014

What your  lawyer has stated.


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