Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908- ss. 13, 44A(3) - When foreign iudgment not conclusive - Interlocutory order of an English court - Dismissal of the application challenging its jurisdiction, alongwith . a direction for payment of costs - Execution of, by Indian Court - Held: To be conclusive an order or decree must liave been obtained after following the due judicial process by giving. reasonable notice and opportunity to all the proper and necessary parties to put forth their case - When once these requirements are fulfilled, the executing Court cannot enquire into the validity, legality or otherwise of theĀ· ;udgment - On facts, the order passed by the English Court does not fall under any of the exceptions to s. 13 and it is a conclusive one - Said order falls within the definition of 'Order' and therefore, it is a judgment and thus. becomes a .. decree" as per Explanation to s. 44A(3) and the same is executable - Further, the costs imposed on the basis of the indemnity is not a penalty or tax - Thus, Explanation II to Section 44A does not re.fer to the costs as contemplated uls. 35"_ Although the interest on costs are not available due to exclusion of s. 35(3), it does not mean that Indian Courts are powerless to execute the decree for interest on costs ~ Thus, the execution petition filed by the respondents for execution of the order passed by the English Court is maintainable. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2016 INSC 1120 |
Petitioner | M/s Alcon Electronics Pvt. Ltd. |
Respondent | Celem S.a. Of Fos 34320 Roujan, France & Anr. |
SCR | [2016] 8 S.C.R. 577 |
Judgement Date | 2016-12-09 |
Case Number | 10106 |
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