Duration of court proceedings in India

How long do court proceedings take in India? The oldest currently pending case in India dates back to 1878.

According to media reports, proceedings lasting up to 10 years are not uncommon.

Why proceedings in India take so long

The Indian justice system is known for a considerable backlog of pending cases. A high number of open cases, limited capacity and a multi-tier system of appeals mean that civil proceedings can drag on for many years. For foreign claimants, there is the added difficulty that the language, legal foundations and procedural processes differ significantly from those customary in Germany.

Relevance in the DRC Systems case

In connection with DRC Systems, it is relevant that the company initially stated that its headquarters were in New York. Manager Mahesh Sutariya later clarified that this was merely an “affiliate partner”. Shortly after June 2017, the reference to the “headquarters” was removed from the DRC Systems website.

Pursuing legal action against an Indian company through the Indian legal system involves considerable effort, owing to the lengthy proceedings and the differing legal framework.

Anyone who ends up in a dispute with an Indian contractual partner should factor in the expected duration of proceedings from the outset. An arbitration clause or a place of jurisdiction outside India agreed in the contract in advance can make enforcing claims considerably easier – it cannot be changed after the fact.

Note: This article reflects our own assessment and does not constitute legal advice.