Government Of India vs Vedanta Limited (Formerly Cairn India ... on 16 September, 2020
Equivalent citations
Does Section 44A merely provide for manner of
execution of foreign decrees or does it also indicate the
period of limitation for filing execution proceedings ... execution of decrees
the law makers could have easily said ‘including foreign decrees’.
This having not been said, it appears that the intention
foreign country in passing judgment,
those judgments will not be conclusive. It is, therefore, open to
the party against whom such foreign decrees are sought ... Code, to resist the
execution on the ground that such foreign decrees are not
conclusive as they are not passed on merits
Section 44A . In other words, so far
as execution of foreign decrees is concerned, the Code does not make any
distinction between a "decree ... there are reasons stated in the foreign
judgment; the scheme of the CPC for executing foreign decrees (which
include judgments), as noticed above, requires
coercion and
threat and thereby the judgment passed by the foreign court losts
Crl.MC.No.2258 OF 2013
6
conclusiveness. The learned counsel ... relied on by the
learned counsel, wherein, it was stated that foreign decrees of
divorce have been either accorded recognition or have been
treated
women deserted by NRI husbands and faced with decrees of
annulment of marriage obtained from foreign courts, it had observed as
under
money expressed in a foreign currency can legitimately be claimed
by the plaintiff and decreed by the court…In such a suit, the plaintiff ... rate of exchange then prevailing, the rupee
equivalent of the foreign currency sum decreed is higher than that
mentioned in the plaint for the purposes
found is that while under the Foreign
Awards Act a decree follows, under the new Act the foreign award
is already stamped as the decree ... disposed of, the
foreign award does not become enforceable as such. He reiterates, under
section 47 foreign awards are stamped decrees, as declared by Supreme
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made absolute and the suit is decreed in terms of the interim injunction as
also in terms of prayers ... proceedings
in any Foreign Court except in India, learned counsel for the plaintiff has
also no objection if the suit is decreed in terms
Gp Global Apac Pte. Ltd vs Mv Silvia Glory(Imo 9622942) on 31 August, 2020