DEBT RECOVERY THROUGH ENFORCEMENT OF UAE JUDGMENTS IN INDIA
ARRMS (India) Pvt Ltd is a debt resolution company in a strategic partnership with a leading Law Firm with pan India presence, provides integrated cross border debt resolution through the legal and collection process by filing execution petition before the Indian court in whose jurisdiction the borrower/debtor is residing and/or carrying on business or the properties are situated.
ENFORCEMENT PROCESS
PROCESS IN UAE
A formal request for execution of Judgment/Decree through the Ministry of Justice of UAE with the following documents duly authenticated;
• An official copy of the final judgment/decree.
• A Certificate showing that the Decree is final and executable unless it is provided for in the Decree itself.
• In case of a Decree in absentia, an authenticated copy of the summons or any other document showing that the defendant was duly summoned.
• If the request is only for execution of a Decree then an official copy should be produced in proper executable form.
• An English translation of the Decree in case of varied languages.
PROCESS IN INDIA
1) Legal- Filing execution petition before an Indian court in whose jurisdiction the borrower/debtor is residing and/or carrying on business or his/her properties are situated, for enforcing UAE judgments.
2) Local authorized representative to sign application/s and appear in court- Unlike UAE, Indian lawyers are not allowed to act under the power attorney and their role is limited to the extend of conducting court process like preparing application, filing and attending the court. Under the Indian legal system, most of the actions requires the presence of litigant or authorized representative to sign all applications and personally appear in court whenever required. Execution process in India requires active involvement of litigant in every stage. For instance, all applications required to be signed by the litigant in person or representative, appearing in court to give evidence, accompanying court staff for service of summoning process, attaching properties, etc. Traditionally, Indian lawyers cannot assist or provide any service beyond the actual court process and the client is expected to do or provide everything beyond actual court process. Thus, it will be impractical to enforce judgment without appointing an Indian representative by giving proper authority.
3) Identification of properties- Judgment for payment of money will be primarily executed by attachment of properties belonging to the judgment debtor/borrower. Therefore, Applicant has to provide complete details of the properties owned by the judgment debtors and procure ownership documents from the government authorities for the courts to proceed with attachment and sale of properties.
4) Identifying solvency of debtors – Before initiating enforcement process in money claims it is important to ascertain financial background, assets etc. of the person against whom judgment is sought to be enforced.
5) Tracing the debtor – Tracing whereabouts of the debtor in case they are not available in the given address.
6) Territorial jurisdiction – Jurisdiction for filing enforcement applications lies with the district courts in whose jurisdiction the borrower/debtor is residing and/or carrying on business and/or his/her properties are situated. Considering the fact that borrowers/defaults are spread across the country, filing and enforcing the applications in a vast courtly like India by engaging multiple lawyers and representatives will be a huge challenge.
EXPERTISE OF ARRMS
• Visits, follow ups, negotiation, counseling
• Identifying the Properties.
• Obtaining property extracts/details from the concerned government authorities.
• Tracing the borrower (if not traceable).
• Analytics and forming legal strategies based on the background of borrowers
• Providing authorized representative of the creditor to represent, appear in court, sign all court applications/pleadings and authority (vakalatnama) to lawyers, follow ups etc.
• Legal actions – filing and attending execution proceedings before the court through the Law firm.
• Tele call and counseling by centralized legal team
• Field visits and follow ups
• Coordinate and follow up with Law Firm for filing/attending legal proceedings.
• Identify moveable and immoveable properties belonging to the borrower(s) and/ or guarantor(s)
• Follow up and negotiate with the borrower(s) for settlements.
• Serving court summons/notice to the borrower(s)/guarantor(s) through the court officer.
• Taking/accompanying court officers for physical attachment of properties.
• Arranging police protection for attachment
• Issuing public advertisement for sale of attached assets
• Execution of arrest warrant through the court officer & police etc.
• Conduct all the processes of sale such as valuation, advertisement, auction etc.
• Taking all possible steps for the recovery.
• Providing assistance for transferring amounts collected to UAE.