BUSINESSES THAT
INSTRUCT US
Every sector answers to a different set of authorities. Set out below are the requisitions, account liens, intermediary obligations and proceedings each ordinarily encounters, and the manner in which we are instructed upon them through enrolled advocates in the jurisdiction concerned.
Fintech & Payments
Payment aggregators, gateways, prepaid instrument issuers and neo-banking platforms settle very large volumes daily. A single complaint registered against one sub-merchant on the National Cybercrime Reporting Portal will ordinarily result in a requisition to the sponsor bank and in a debit freeze on the pooled settlement account, immobilising sums bearing no relation to the amount in dispute.
Exposure Ordinarily Encountered
- Requisitions under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 issued by cyber cells in unconnected districts
- Lien marks placed by the sponsor bank on nodal and settlement accounts at the instance of an investigating agency
- Multi-tier merchant routing which obscures, on the face of the statement, the origin of the credits under inquiry
The Manner in Which We Are Instructed
- Reconstruction of the settlement trail from merchant ledgers, UTR references and switch records
- Correspondence with the nodal officer of the sponsor bank to obtain the particulars of the requisition on which the lien rests
- Written representations distinguishing the disputed credits from the operating float, and applications under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for release of the untainted balance
Technology & SaaS Platforms
Cloud, SaaS and communication platforms are called upon, frequently by a district police station with no prior dealing with the enterprise, to produce subscriber particulars, access logs and hosting records. The form in which that disclosure is made bears directly upon the safe-harbour conditions under Section 79 of the Information Technology Act, 2000, and upon whether the platform is thereafter treated as a witness or as a party.
Exposure Ordinarily Encountered
- Requisitions for subscriber particulars, access logs and hosting records issued by police stations across the country
- Obligations as an intermediary, including the retention of records under Section 67C of the Information Technology Act, 2000
- Summons requiring the personal attendance of a compliance officer in a distant jurisdiction
The Manner in Which We Are Instructed
- Settlement of the disclosure in consultation with the technical function, so that it answers the requisition as framed
- Attendance by enrolled counsel practising in the district, and submissions on the record as to the intermediary character of the platform
- Disclosure confined to the material lawfully called for, with proprietary architecture and unrelated user data withheld on the record
Gaming & Digital Entertainment
Skill-gaming operators, esports platforms and digital entertainment services are exposed to divergent State legislation, to complaints lodged by players in districts with which the operator has no connection beyond a deposit, and to holds placed by banking and payment partners for so long as an inquiry remains pending.
Exposure Ordinarily Encountered
- Divergent State legislation governing games of skill, player verification and deposit limits
- Player grievances converted into complaints on the National Cybercrime Reporting Portal and pursued before distant cyber cells
- Holds placed on settlement accounts by banking and payment partners while an inquiry is pending
The Manner in Which We Are Instructed
- Instruction of local counsel to explain the mechanics of the game and the terms of service on the record
- Tendering of authenticated play logs, deposit and withdrawal records and verification documents against written acknowledgement
- Representations before the Investigating Officer and, where the account remains frozen, applications to the competent Magistrate for release of the untainted balance
E-Commerce & Digital Marketplaces
A marketplace listing independent sellers is called upon to answer for their conduct more often than for its own. Complaints alleging counterfeit goods, non-delivery or unauthorised distribution are ordinarily registered against the platform at the place of the consumer, and consignments are detained in transit by authorities in districts through which they merely pass.
Exposure Ordinarily Encountered
- Notices alleging seller fraud, counterfeiting or unauthorised distribution, issued to the platform rather than to the seller
- Proceedings before District Consumer Disputes Redressal Commissions at the place of residence of the complainant
- Detention of consignments in transit by State tax and enforcement authorities
The Manner in Which We Are Instructed
- Attendance before district consumer commissions through enrolled counsel practising in that jurisdiction
- Production of the seller agreement and the listing record to establish the intermediary character of the platform
- Attendance by local counsel at the place of detention and representations for release of the consignment
Digital Businesses & Media
Agencies, publishers, affiliate networks and creators receive complaints of defamation, infringement and misleading advertising filed at the place of the complainant, and find their receipts held by banks and payment processors for so long as those complaints remain pending.
Exposure Ordinarily Encountered
- Complaints of defamation or infringement registered in a district in which the enterprise neither resides nor carries on business
- Inquiries by regulatory and consumer authorities into advertising claims, disclosures and endorsements
- Holds placed by payment processors and authorised dealer banks on receipts from overseas clients
The Manner in Which We Are Instructed
- Instruction of counsel at the place of the complaint to appear, to inspect the record and to tender a written reply
- Drafting of rejoinders setting out the substantiation for the representations complained of
- Correspondence with the authorised dealer bank on the documentation of inward remittances
Corporate Enterprises
An enterprise with branches, plants, depots and outlets across several States receives notices continuously and in no particular order, from the police, the labour authorities, the tax administration and the civil courts. Instructing a different advocate for each leaves the enterprise with no consolidated view of its own exposure at any given time.
Exposure Ordinarily Encountered
- Separate advocates instructed in every district, on differing terms and to differing standards of reporting
- No consolidated record of hearing dates, filings and notices then pending across the branch network
- Fees and work product which vary from one jurisdiction to another without explanation
The Manner in Which We Are Instructed
- A single point of instruction, on standard terms of engagement, reporting format and fee structure
- A central record of every pending matter, retained in electronic form and available to the general counsel
- Panel advocates whose enrolment under the Advocates Act, 1961 and professional standing are verified before instruction
International Businesses
Foreign companies, overseas investors and Indian subsidiaries of multinational groups require an instructing point in India able to explain a notice issued by a district authority in terms the board can act upon, and to conduct the matter through enrolled advocates on a record that will withstand group audit.
Exposure Ordinarily Encountered
- Unfamiliarity with Indian criminal procedure, banking requisitions and the territorial jurisdiction of State authorities
- Differences of time zone and of language between the head office and the district authority concerned
- Group requirements as to confidentiality, anti-bribery compliance and the documentation of every engagement
The Manner in Which We Are Instructed
- Instructions taken and reported in English, in a written form suitable for the board and the group legal function
- Conduct governed by the applicable anti-corruption and confidentiality obligations, with every payment made against invoice
- A single instruction for counsel in each jurisdiction concerned, and one consolidated written report
Instructions in Your Sector
We will review the business of the client entity, its transaction flows and the pattern of notices it receives, and propose terms of engagement recording the scope of work, the response times and the reporting to be provided. No view is expressed, and none should be understood, as to the outcome of any matter.
Write to the Coordination Desk