Manager/Senior Manager - Litigation - NBFC - LLB

Manager/Senior Manager - Litigation (Cases against Company and Criminal Cases) for Leading NBFC.

JOB DESCRIPTION

1. JOB PURPOSE

(Briefly describe the general purpose of the position or its significance from the organisation's point of view and how it contributes to the overall mission/objective of the organization).

Job Purpose of this position is under:-

(i) He is responsibility manager for all Cases filed against the Company, its directors, employees, etc. as well as criminal cases to be filed by the Company against in money misappropriation cases.

(ii) Helps Head Legal in preparing strategy to effectively deal with cases filed against Company as well as criminal actions to be initiated by the Company;

(iii) Establish and maintain an excellent network with police authorities, various offices attached to court, etc.

2. PRINCIPAL ACCOUNTABILITIES

(List the responsibilities/duties associated with the job)

1) He is responsible for Cases against Co. portfolio and hence, has to be alert all the time;

2) Strategize the defense in cases against company;

3) Develop and maintain an excellent network with police authorities and other offices attached to court, advocates, senior professionals, etc. pan India,

4) Responsibility Manager for Consumer cases filed against the Company, which includes ensuring the following in time bound manner:-

- Reading the case and ensuring that there is no injunction order passed against the company;

- If any injunction order is there against the Company , immediately inform the concerned Business / AMG Team not to take any steps in contravention of the injunction order;

- Entering in the case in Cases against Company MIS;

- Sending scanned copies of the summons and complaint to local Business / AMG officer and call for parawise comments on the complaint, all information and documents of the customer and agreement;

- Preparing a brief note on the case;

- Finding out the actual grievance of the customer and see if the case can be settled out of court. Accordingly, advice Business / AMG;

- Reference of summons, copies of complaint, documents, parawise comments and all information to local advocate with instruction to enter appearance and draft replies on behalf of the Company;

- Arrange Letter of Authority in favour of local Legal / Business / AMG officer for signing vakalatnama and replies on behalf of the Company;

- Filing appearance, vetting drafts of and filing replies / preliminary objections on first date of hearing after receipt of summons;

- Advising Arbitration Team to initiate arbitration against the customer in view disputes having arisen between the parties;

- If there is any injunction against the company, then take steps for getting the injunction vacated by filing necessary application on immediate first date after receipt of the summons;

- Filing of affidavits of evidence alongwith compilation of Documents;

- If any order is passed in favour of the Company, update Business, AMG and MIS on development and ask advocate in higher forum to keep watch if any appeal gets filed;

- If any order is passed against the Company, obtain certified copy of order, find out merits in the case for going in appeal, take a decision on whether to comply with the same or go in appeal and then advice Business and AMG accordingly;

- In case it is decided to go in appeal, refer all the documents, points on which the Company is aggrieved, entire consumer case proceedings and certified copy of order passed against the Company to Advocate with an instruction to draft and send the appeal memo and stay application;

- Arrange a DD / Pay Order / Bankers Cheque towards statutory deposit for filing appeal under the Consumer Protection Act as well as Letter of Authority in favour of local Legal / Business / AMG officer for signing the Appeal;

- Vetting the draft of the appeal memo;

- Filing of appeal in time.

- Get the delay condoned, if any, in filing appeal by filing necessary for delay condonation;

- Get the stay order;

- Keep watch on execution proceeding, if any, initiated by the borrower;

- Serve stay order on the complainant and executing court;

- If any warrant gets issued on account of non-compliance of the Lower Forums order, get the same cancelled by appearing in the Lower Forum.

5) Responsibility Manager for Suits filed against the Company, which includes ensuring the following in time bound manner:-

- Reading the case and ensuring that there is no injunction order passed against the company;

- If any injunction order is there against the Company , immediately inform the concerned Business / AMG Team not to take any steps in contravention of the injunction order;

- Entering in the case in Cases against Company MIS;

- Sending scanned copies of the summons and complaint to local Business / AMG officer and call for parawise comments on the complaint, all information and documents of the customer and agreement;

- Preparing a brief note on the case;

- Finding out the actual grievance of the customer and see if the case can be settled out of court. Accordingly, advice Business / AMG;

- Reference of summons, copies of suit, documents, parawise comments and all information to local advocate with instruction to enter appearance and application under Section 5 and 8 of the Arbitration and Conciliation Act, 1996 on behalf of the Company;

- Filing appearance, vetting drafts of and filing application under Section 5 and 8 of the Arbitration and Conciliation Act, 1996 on behalf of the Company on first date of hearing after receipt of summons;

- If there is any injunction against the company, then take steps for getting the injunction vacated by filing necessary application on immediate first date after receipt of the summons;

- If any order is passed in favour of the Company, update Business, AMG and MIS on development and ask advocate in higher forum to file caveat to avoid any ex-parte order against the Company;

- If any order is passed against the Company, obtain certified copy of order, find out merits in the case for going in appeal, take a decision on whether to comply with the same or go in appeal and then advice Business and AMG accordingly;

- In case it is decided to go in appeal, refer all the documents, points on which the Company is aggrieved, entire consumer case proceedings and certified copy of order passed against the Company to Advocate with an instruction to draft and send the appeal memo and stay application;

- Vetting the draft of the appeal memo;

- Filing of appeal in time.

- Get the delay condoned, if any, in filing appeal by filing necessary for delay condonation;

- Get the stay order;

6) Responsibility Manager for Criminal Cases filed against the Company, which includes ensuring the following in time bound manner:-

- Finding out whether only complaint is filed or FIR has been registered;

- Call for all information, documents and accounts statements from the Business / AMG;

- If Complaint is filed, filing a detailed representation with the concerned police station through local advocate and ensure that no action is taken by police on the complaint. Simultaneously, finding out the possibility of any settlement with the customer;

- If FIR is registered, advice the concerned officer to be away from office or residence and not to go to police;

- Arrange a copy of FIR either from police station or court;

- If the offences are bailable, get the bail. If the offences are non-bailable, apply for anticipatory bail from sessions court;

- If anticipatory bail application is rejected by the Sessions Court, get the anticipatory bail application from High Court;

- Service of anticipatory bail application on the police station;

- Find out the possibility of getting closure report filed by police. If it is possible, to get the same done and obtain certified copy of the closure report;

- If there is no possibility of getting closure report by police, get the FIR quashed and set aside by filing petition before high court under S. 482 of Criminal Procedure code.

- Visit to police stations w.r.t. criminal cases filed against the company and its officials

7) Responsibility Manager for filing criminal cases in money misappropriation, which includes taking following steps in time bound manner:-

- Based on the information received from Business or AMG and an investigation report received form Surveillance Team alongwith relevant documents, prepare a draft complaint;

- Find out from the concerned department the name of the complainant;

- File the complaint with the help of local advocate with the concerned police station;

- Get the FIR registered;

- Get the accused arrested and money recovered;

- If police are refusing to accept the complaint or act on it, submit the complaint to SP / CPs office with cc marked to the police station;

- If still no action is being taken, either file application u/s 156(3) of Cr. P. C. and get the directions issued to police for registration of FIR and investigation into the matter;

- Keep the Business, Compliance Team (for RBI compliance) and FCM Team (for insurance claims) informed about the development as well as keep MIS updated;

8) Updation of MIS on date to date basis

9) Review of Cases against Co. portfolio with Zonal Legal Team as well as Legal AMG Team to prioritize the actions in Cases against co.

10) Training and Development: Imparting training to Business and Collection Teams on various aspects of cases against company and steps to be taken to avoid / tackle the same. Also give training to the executive and staff reporting to him/her on various aspects of cases against co. and develop their skills.

3. DIMENSIONS

(List the significant numerical data which will reflect the scope and scale of activities concerning this job).

Financial Dimensions

(These should be quantifiable numerical amounts like annual budgets, project costs, annual revenue, purchase value etc.).

- Responsible for getting the injunctions vacated thereby facilitating recovery / repossession efforts;

- Responsible for filing criminal complaints against misappropriation cases so as to ensure recovery therein.

Other Dimensions

(Indication of some of the significant volumes associated with the job like number in team/ staff handled etc).

- TAT for filing appearance, replies, written objections, s. 5 & 8 application

- TAT for getting injunction vacated;

- TAT for filing complaint with police;

- TAT for filing S. 156(3) application

4. SKILLS AND KNOWLEDGE

(State the minimum acceptable proficiency for this job which best indicates the education and/or experience requirements of this job and not the incumbent).

Educational Qualifications and Experience

A. Educational Qualifications

- Basic Graduation (preferably B. Com.)

- LL. B.

B.Experience

- 3 - 5 years of experience in finance industry and practical experience of Civil laws, Criminal laws and Consumer Protection Act

- Experience of handling police matters.

- Networking