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 PRACTISING LAW SINCE 1992     

 
DISPUTE RESOLUTION -
ENFORCEMENT OF FOREIGN JUDGMENTS AND DECREES IN INDIA

A foreign judgment and decree is enforceable in India when on application to the Indian court is made at appropriate jurisdiction and where the court is satisfied that the foreign judgment or a decree is enforceable.
 
Brus Chambers is a specialised law firm and dispute resolution is within our specialised practice.
 
Brus Chambers has a formidable track record in enforcement of foreign judgments and decree dispute resolution with a reputation as a aggressive and result oriented dispute resolution law firm, is an award winning law firm and is considered to be one of the best law firm of the country by several Independent credential bodies for litigation and arbitration.
 
Ms. Binita Hathi heads dispute  resolution team, other lawyers work alongside with her, 'she is able to present complex matters in a simple way'.

Our firm is recognised and recommended by several international credential bodies as the most effective and result oriented dispute resolution law firm, is preferred by international and local clients.

INFORMATION ON ENFORCEMENT OF FOREIGN JUDGMENTS AND DECREE IN INDIA.

Under Indian Law, execution of decrees, whether foreign or domestic, is governed by the provisions of the Code of Civil Procedure, 1908 (CPC) (as amended from time to time).

Under the Indian law there are two ways of getting a foreign judgment enforced. Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled). Secondly by filing a suit upon the foreign judgment/decree.

Under S. 44A of the CPC, a decree of any of the Superior Courts of any reciprocating territory are executable as a decree passed by the domestic Court. Therefore in case the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory , as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. In case the decree pertains to a country which is not a reciprocating territory then a fresh suit will have to be filed in India on the basis of such a decree or judgment, which may be construed as a cause of action for the said suit. In the fresh suit, the said decree will be treated as another piece of evidence against the defendant .

However in both cases the decree has to pass the test of S. 13 CPC which specifies certain exceptions under which the foreign judgment becomes inconclusive and is therefore not executable or enforceable in India.

Under S. 13 of the Code of Civil Procedure, 1908 a foreign judgment becomes inconclusive and consequently unenforceable in the following circumstances:

(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;
(d) where the proceedings in which judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
 
 

 

 

 

 
 

Brus Chambers is a partnership law firm registered under the Indian Partnership Act and is also registered with the Bombay High Court as Advocates & Solicitors and with the Bombay Incorporated Law Society as Solicitors. All partners are also registered with the Bar Council to practice law while some partners are also registered with the Supreme Court of India as Advocate on Record and Solicitor of the Supreme Court of England and Wales. The information provided in the entire site is of general nature and may not apply to any particular set of facts or circumstances. It should not be construed as soliciting for client nor as legal advice and does not constitute an engagement of Brus Chambers or establish an attorney-client relationship. If you wish to browse our URL any further then may we request you to read the terms & disclaimer page.

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