Firm Matters

Khaitan & Co successfully advised and represented, Concentrix Daksh Services India Pvt Ltd (“Concentrix”) in a commercial suit before the Commercial Court, Gurugram District Court and secured a favourable money decree against Triller Inc. (“Triller”), a US-based technology company, in less than 2 years. The dispute arose from a Customer Agreement and Scope of Work under which Concentrix had been providing content moderation services to Triller and failure of Triller to pay outstanding service charges. Following continued non-payment in spite of repeated attempts to amicably settle the claims, a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 was instituted for recovery of pending dues with interest and costs. Though Triller initially sought leave to defend, the Court held that the conditions for grant of leave imposed by the Court had not been complied with and accordingly proceeded to decree the suit in favour of Concentrix. The Court passed a decree along with pendente lite and future interest at the contractual rate, and costs of litigation, reinforcing that non-compliance with conditions imposed by Court while granting leave to defend warrants an unconditional decree under Order XXXVII of the Civil Procedure Code, 1908. 

The Firm role includes pre-litigation advisory, drafting pleadings and appearing before the Commercial Court, Gurugram District Court. Successfully defending challenge to territorial jurisdiction raised by Defendant in view of exclusive jurisdiction clause providing for New Delhi. 

Unique feature:

Strategically advising on filing a commercial suit in the Commercial Court, Gurugram District Court in spite of exclusive jurisdiction clause providing for New Delhi Court's jurisdiction and successfully defending objection raised by Defendant on grounds of territorial jurisdiction.