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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Civil Recovery Litigation – Strategically Navigating a Maze

October 2017
LitigationIT

Abstract

Any organization that has done business in India knows the unique challenges that are faced when it comes to approaching the Judiciary for the legal recovery of dues. The statistics that are now publicly available portray a dismal picture as to the state and capacity of our judiciary, overburdened as it is, to handle the large number of civil disputes that are continuously being filed. As per the most recent statistics, there are currently 7,892,109 civil cases pending in the lower judiciary, out of which 617,280 (i.e. 7.82%) have been pending for more than 10 years. The national average period of time for which a civil case remains pending in the lower judiciary is nearly six years (2184 days) – a figure that becomes far scarier when we take into count that this includes summary proceedings such as applications for the appointment of arbitrators, probate proceedings, etc. Things do not get any better in the High Courts, where the national average for pendency of proceedings stands at three years and one month (1128 days). Standing at 18 judges per million persons, India’s low per capita judge ratio results in a situation where it is not uncommon for 30 – 50 matters to be listed for hearing before a judge each day. In fact as of today, 304187 civil matters are listed for hearing in the courts of 16718 judges of the lower judiciary, and this is apart from criminal cases that the same judges may also be handling.

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Author

Portrait image of Divya Kumat
Divya Kumat
Executive Vice President, Chief Legal Officer & Company Secretary, Datamatics Global Services Limited, India

Divya Kumat, with over 25 years of diverse experience, has been serving as EVP-Chief Legal Officer & Company Secretary at Datamatics since more than 19 years. Leading legal and secretarial initiatives for 30+ group companies worldwide, she has spearheaded key inorganic ventures like joint ventures and mergers. Recognized with numerous awards, she’s acclaimed for her expertise in policy formulation, IP wealth enhancement, and her contributions to legal discourse internationally. Holding dual Bachelor’s degrees and a Gold Medal in LLM, Divya is a fellow member of the Institute of Company Secretaries of India, an Associate Member of Chartered Secretaries - UK and a certified Corporate Governance Professional in India.

Company

Datamatics Global Services Limited logo

Datamatics Global Services Limited

Datamatics is a Digital Technologies, Operations, and Experiences company that enables hundreds of global enterprises to go Deep in Digital to enhance their productivity and customer experience to create a sustainable competitive advantage. With an AI-first approach, we are passionate about creating a future where intelligent systems transform industry norms, propelling enterprises to new heights of efficiency, agility, and customer satisfaction.

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