This Treaty shall not apply to interim or provisional measures,
or decrees passed in cases, in creditors' claims related to
CS(COMM) 592/2022 ... interim order passed by a
foreign court under the Code of Civil Procedure (which
contemplates for execution of foreign decrees under Section 13
read with
that
petitioner is not a lawyer trained as per foreign qualification seeking
enrolment but a foreign national living in India and who holds a
qualification ... misplaced. It was pointed that Balaji was
concerned with lawyers holding foreign decrees seeking to practice
and pursue the legal profession in India without enrolling
discussion and analysis of the caselaw it
emerges that the emergency award/ foreign interim orders cannot
be enforced directly. In the present case, the arbitration ... interim order passed by a
foreign court under the Code of Civil Procedure (which
contemplates for execution of foreign decrees under Section 13
read with
Civil Procedure Code, 1908 ( CPC ) pertains
to execution of foreign decrees passed by Courts in
reciprocating territories. It provides that decree passed
by Courts ... Court before an order can be passed.
11. Insofar as foreign judgments and decrees are concerned, the
provisions of the CPC which govern the same
regard to continuation of the foreign suit on account of the
pendency of the reference. The foreign suit was decreed on 08.04.2014.
12. The Facility ... reference nor mentioned about the foreign suit in the reference. The foreign
suit was decreed on 08.04.2014. The Facility Agent also filed an application
exercise power
for execution of decree, including money decree of the foreign
court of reciprocating jurisdiction, provided other conditions are
complied with as contemplated under ... Section 44-A of the Code provides for execution of decrees
passed by the foreign courts in reciprocating territories. It, inter
alia, stipulates that where
Court. ) No.1)
Lima Denizcilik Ve Tic Ltd. Sti, a foreign Company )
organized under foreign laws and carrying on ) (Original Defendant
business at Altunizade, Erdem ... judgment
if the amount decreed exceeds the amount of the bail. The
arrest of the foreign ship by means of an action
learned counsel for the plaintiffs prayed for decreeing the suit and for
dismissing the counter claim. In support of his submission, the learned
counsel ... Supreme Court is extracted
hereunder:
"Recognition of decrees and orders passed by
foreign courts remains an eternal dilemma
inasmuch as whenever called upon
learned counsel for the plaintiffs prayed for decreeing the suit and for
dismissing the counter claim. In support of his submission, the learned
counsel ... Supreme Court is extracted
hereunder:
"Recognition of decrees and orders passed by
foreign courts remains an eternal dilemma
inasmuch as whenever called upon
sake of academic relevance the law on admissibility of
the foreign judicial proceedings in the law of England as commented in
Phipson on Evidence ... under:-
“41-87-All judgments, decrees, orders and other judicial
proceedings of any Court of Justice in any foreign State or
British colony
