Guidelines for the recognition and enforcement of foreign judgments in India are provided by the Code of Civil Procedure 1908 (“the Code”). In India, the process through which money decrees from superior courts in reciprocating territories are enforced differs from the process used for decrees passed by other foreign courts.
Under Section 44-A(1) of the Code, a superior court judgment from a reciprocating territory can be executed as though it were passed by a district court in India. This provision facilitates the enforcement of these decrees without the need to institute a fresh suit. However, for the enforcement of decrees passed by other foreign courts, a new suit must be filed before the appropriate jurisdictional court in India.
Please click here to read the full publication by Amar Gupta and Ananya Kumar published in Chambers and Partners.
Amar is amongst the founding members of JSA’s Disputes Practice. He has in past served as the Practice Chair and a member of the Firm’s Executive Committee.