The fundamental purpose of the judicial process is to ascertain the truth and administer justice in accordance with law. Recovery of money may be one of the reliefs sought in appropriate proceedings, but recovery cannot become the sole object for which legal process is employed. As a matter of legal principle, every proceeding must be tested on its maintainability, jurisdiction, pleadings, evidence and the substantive rights of the parties. The requirement of approaching the court with clean hands, disclosure of material facts and bona fide invocation of legal remedies forms an important part of this process.

From our experience, we have often observed that disputes arising from loans, financial transactions and contractual obligations are sometimes accompanied by proceedings whose practical objective appears to be the creation of pressure for recovery.

Allegations may be framed without the necessary factual or legal foundation; material facts may not be fully disclosed; questions of jurisdiction or maintainability may arise; and multiple proceedings may be initiated simultaneously.

Where the process of law is invoked principally to exert undue pressure for monetary recovery, the distinction between a legitimate legal remedy and an abuse of process becomes particularly important.

A financial claim must still be established within the framework of the law governing that claim.

This is where meaningful legal scrutiny becomes essential. A lawyer’s role is not merely to answer a demand or defend an allegation, but to examine what is legally maintainable, what has actually been established, what has been suppressed, which jurisdiction is competent, what relief is legally permissible, and whether the proceeding is genuinely directed towards adjudication of rights or merely towards exerting pressure.

Our approach to banking, financial, contractual and commercial disputes is founded upon this examination… because the strength of a defence lies not merely in resisting a claim but in ensuring that the process of law itself is applied fairly, truthfully and within its lawful limits.

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