Khaitan & Co Advised And Represented Concentrix Daksh Services India Private Limited In Securing A Favourable Money Decree Against Triller Inc.
Khaitan & Co Advised And Represented Concentrix Daksh Services India Private Limited In Securing A Favourable Money Decree Against Triller Inc.
Khaitan & Co successfully advised and represented Concentrix Daksh Services India Private Limited (“Concentrix”) in a commercial suit before the Commercial Court, Gurugram District Court, securing a favourable money decree against Triller Inc. (“Triller”), a US-based technology company, within a span of less than two years.
The dispute arose under a Customer Agreement and Scope of Work pursuant to which Concentrix had been providing content moderation services to Triller. Despite repeated attempts to amicably settle the outstanding dues, Triller failed to make payments. Consequently, Concentrix initiated a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 seeking recovery of pending service charges along with interest and litigation costs.
Although Triller initially applied for leave to defend, the Court noted that the conditions imposed at the time of granting such leave had not been complied with. As a result, the Court proceeded to decree the suit in favour of Concentrix, awarding pendente lite and future interest at the contractual rate and costs of litigation, reinforcing the legal principle that failure to meet court-imposed conditions during leave to defend proceedings can warrant an unconditional decree under Order XXXVII CPC.
The Firm’s role included pre-litigation advisory, drafting pleadings, defending jurisdictional objections, and appearing before the Commercial Court. A key feature of the strategy was filing the suit before the Gurugram Commercial Court despite the presence of an exclusive jurisdiction clause favouring New Delhi. The Court upheld this jurisdictional choice, rejecting Triller’s challenge and setting a precedent on enforceability of such clauses in commercial litigation.
The Khaitan & Co team was led by Jeevan Ballav Panda (Partner), with key support from Dhriti Mehta (Senior Associate), Rahul Kaushik (Associate), and Tapamoy Ghose (Associate).
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