Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: s. 44A Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s. 44A – Execution of decrees passed by courts in reciprocating territory – Execution of money decree (in excess of Rs.20 lakhs) of a foreign court which is notified as a superior court of a reciprocating territory, namely United Kingdom of Great Britain and North Ireland u/s. 44A – Single Judge of the High Court allowed the execution, however, the Division Bench held that the High Court not being the District Court in terms of s. 44 A, not vested with the jurisdiction to entertain execution petition and directed to be transferred to the court of District judge – On appeal, held: Decree of the High Court of England would be considered to be a decree of superior Court of a reciprocating territory as defined u/s. 44A – On conjoint reading of the s. 2(4) which defines ‘District” and the s. 44A which refers to the term “District Court”, makes it clear that it refers to the local limits of the jurisdiction of a principal civil Court of original jurisdiction and it includes the local limits of the ordinary original civil jurisdiction of a High Court – Where there is a split jurisdiction based on its pecuniary value, the District Court or the High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree, including money decree of the foreign Court of reciprocating jurisdiction –Ordinary original civil jurisdiction of the High Court is always exercised, based on pecuniary limits – Once the pecuniary jurisdiction at the given point of time exceeded Rs. 20 lakhs as notified by the High Court u/s. 5(2), the High Court holds its exclusive jurisdiction as ordinary original civil jurisdiction to execute a foreign decree u/s. 44A – Therefore, the judgment of the Division Bench quashed and set aside – Delhi High Court Act, 1966 – s. 5(2). |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 113 |
Petitioner | Messer Griesheim Gmbh (now Called Air Liquide Deutschland Gmbh) |
Respondent | Goyal Mg Gases Pvt. Ltd. |
SCR | [2022] 8 S.C.R. 93 |
Judgement Date | 2022-01-28 |
Case Number | 521 |
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