INDIA INVESTIGATIONS
Practice Areas · Disputes, Recovery & Defense

Litigation Support & Asset Tracing

Asset tracing and evidence in India for US and international law firms, to support freezing applications and the enforcement of judgments and awards.

What this covers

When a US matter turns on an Indian party, the evidence and the assets are usually in India. Once a defendant learns of a credible claim, assets may be sold or hidden, and the priority becomes an urgent application to an Indian court to freeze them.

The Indian equivalent of a US temporary restraining order is an ex parte ad interim injunction, continued as an interim injunction once both sides are heard. The application needs evidence of the assets and of the risk that they will be moved. I build that record in India, from the corporate, property and court registries, by following ownership through holding companies and nominee or benami (held in another person’s name) arrangements, by checking premises in person, and by finding the people the case turns on.

Enforcement needs different tools. A judgment from a reciprocating territory can be executed directly under Section 44A of the Code of Civil Procedure, 1908. A US judgment cannot, because the US is not a reciprocating territory, so it needs a fresh suit in India. A foreign arbitral award under the New York Convention has an easier route, and an insolvency moratorium can halt any of them. I support each route from the evidence side.

What comes back is sworn declarations, exhibits and a documented chain of evidence, prepared with admissibility in both US and Indian courts in mind. Firms in the UK, Europe and Asia bring the same kind of claim against Indian parties, and the work is the same for them. Only the enforcement route changes.

An engagement can cover:

The work runs under your direction and is set up to support attorney-client privilege and work-product protection. If you have a claim against an Indian party, do reach out and I will take a look.

Representative matters in this area

01

Mapping what a group actually owned

US litigation counsel needed to know what an India-rooted conglomerate actually held, including ownership through offshore structures in several jurisdictions. Registries supplied the master list, and former insiders pointed to assets the filings did not show. The report came with a dated and sourced schedule of assets.
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02

India asset search for a US fraud claimant

A fraud defendant had left the United States before the recovery proceedings caught up with him, and the claimant needed to know what he and his family held in India. The search covered the family as well as the individual, and ran through the registry offices of three cities.
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03

The trace behind a lender syndicate’s strategy

A lender syndicate, through its US trustee, needed to know what an industrial group in default actually held before deciding how hard to press. The trace was built without the debtor's cooperation, so that its findings could support whichever route the syndicate chose.
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04

A staged asset trace for an overseas investor

An overseas investor pursuing an Indian promoter staged its asset trace. The first phase established whether pursuit was worthwhile, and the second was commissioned on the strength of its findings.
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05

A maritime claimant’s India asset search

A Singapore maritime claimant needed to know whether its Indian counterparty held anything worth pursuing. Registry and property records, and litigation and credit histories, were assembled into an evidence file for whichever route counsel chose next.
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Identifying details in these accounts have been changed so that no client, subject or matter can be identified.
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