Legal Question in International Law in India
Compensation by courts
I'm in Canada. I won a lawsuit in India, the other side is appealing, and I just received a letter from an Indian court requesting my presence in less than a month. Can the court be compelled to pay for my airfare, other transportation, and wages lost? The request says ''you are directed to attend'' and is not signed, just stamped.
Thank you.
3 Answers from Attorneys
Re: Compensation by courts
Sir,
Appeal is a continuation of suit. So there can be no compensation to your air titcket etc. If the oppnent sides appeal is dismissed and the courts deem fit then it can award u the cost of the suit, which may include your travelling expence, otherwise not, you have to bare your own cost for travelling.
Letter u received is unsigning which does not matter, main thing whether it is stamped or not. SO such a letter is called summons of the court, whereby ur not requested but ordered to attent the court, in absence of which ur case will proceed without u , in your absence.
Re: Compensation by courts
Pending final disposal of appeal, court will not award expenses of airware and other expenses, however if you won the case, the court may consider the same.
It is immaterial whether request is signed or not, as it is duly stamped, such a request is called summons of court, failing your appearance it will proceed ex-parte.
Re: Compensation by courts
That might not be possible.
Regards,
Rakesh Taneja
www.tanejalawoffice.com
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