Service of Process – India

By July 15, 2018Service of Process

One billion 350 million people call India home, which means 18% of the entire world lives in one country. Add to that well over a million companies operating in India and one can understand why the Indian Central Authority is one of the busiest in the world: The only way to serve any of these 1,000,000,000+ defendants is by submitting a Hague Service Request to its office.

Because India objected to service via mail or private agent, the only option for service is pursuant to Article 5 of the Hague Service Convention, via the foreign Central Authority. Unfortunately, the Central Authority in India is grossly understaffed and months pass before a Hague Request is forwarded to the proper court for service. When the Hague Request is received, local courts act relatively quickly to serve the defendants but once service has been effected, the proof of service is returned to the Central Authority where it languishes for months. As a rule, service of process in India takes 8 to 12 months, often longer.

The Taj Mahal, Agra, India. Image courtesy of Debbie Scherzinger.

Shreefer Law can help you reduce the service time with the assistance of experienced local counsel. Give us a call at 913.999.4526.

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