Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Limitation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963 – Arts. 136 and 137 – Executing a decree passed by a foreign court (from a reciprocating country) in India – Period of limitation for – Held: The limitation period for executing a decree passed by a foreign court (from a reciprocating country) in India will be the limitation prescribed in the reciprocating foreign country – However, this will be subject to the decree being executable in terms of s.13 of the CPC.Code of Civil Procedure, 1908 – s. 44A – Limitation Act, 1963 – s.44A indicates period of limitation to execute the foreign decree or not – Held: s.44A only empowers the District Court to execute the foreign decree as if it had been passed by the said District Court – s.44A enables the District Court to execute the decree and further provides that the District Court shall follow the same procedure as it follows while executing an Indian decree, but it does not lay down or indicate the period of limitation for filing such an execution petition. Limitation Act, 1963 – Art. 137 – From which date the period of limitation will run in relation to a foreign decree (passed in a reciprocating country) sought to be executed in India – Held: The period of limitation would start running from the date the decree was passed in the foreign Court of a reciprocating country – However, if the decree-holder first takes steps-in-aid to execute the decree in the cause country i.e. the country in which decree was issued, and the decree is not fully satisfied, then he can then file a petition for execution in India within a period of 3 years from the finalisation of the execution proceedings in the cause country. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 299 |
Petitioner | Bank Of Baroda |
Respondent | Kotak Mahindra Bank Ltd. |
SCR | [2020] 5 S.C.R. 492 |
Judgement Date | 2020-03-17 |
Case Number | 2175 |
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