A lot of NRI’s are involved in a lot of litigation in India and the biggest challenge they face is coming to India to appear or to depose each time, for which they have to incur a lot of cost and a lot of time is also wasted for the same. Even though, most Indian courts are considerate enough towards the party staying abroad and usually give a date as per their convenience and availability. However, this only prolongs the litigation process. Traveling frequently from a far away country to India can be difficult, time consuming and costly. Travelling all that way to give a statement or tender evidence etc. can be very frustrating. Therefore, in order to facilitate the litigation process, deposition is now allowed through video conferencing.
A witness in a case, staying abroad can be confronted with documents with close proximity to the camera. Until a few years ago, the person who had to depose by way of video conferencing had to usually go to an Indian Consulate or any place which is a public authority and had the facility for video conferencing. This was done on a date which was mutually convenient to the court and the Consulate or the Public Office. But now, with the advent of technology the court recognizes video conferencing through computer or mobile of the individual who has to depose, on the various applications available. Making it very convenient for an individual specially NRI’s who had to specially come all the way.
Service of Summons Service of summons to a NRI can be quite a tedious task. If someone has to file a case against a person living abroad the most challenging thing to do would be to serve summons on them. The most essential step to initiation of any litigation is the service of summons. India being a signatory to The Hague Convention can get summons served abroad in countries who are also signatories to The Hague convention such as Canada, Australia etc. However, this process is very time consuming. 2-3 weeks’ time is taken by the file to be examined by the concerned ministry in India. And the entire process of effecting summons in a foreign country would take around 4-5 months.
This is the conventional way of effecting summons abroad. However, like deposition the advent of technology has also made service of summons easier. The court now service of summons through whatsaap, email etc. Therefore, summons can be served to an individual living abroad online through email whatsaap etc.