Honasa Consumer Limited vs Rsm General Trading Llc on 20 August, 2024
Author: C. Hari
foreign proceedings has assumed prime importance in an
effective cross-border insolvency regime. While the Indian courts do
recognize foreign judgments and decrees of some ... Code of Civil Procedure was with regard to
enforcement of foreign decrees and orders of foreign courts with which India
did not have reciprocity. However
foreign Court, would also require the applicant
seeking injunction to initiate contempt proceedings in the foreign
Court and thereafter, enforce the judgment of the foreign ... interim order passedby a foreign court under the Code
of Civil Procedure (which contemplates forexecution of foreign
Signature Not Verified
Digitally Signed
By:RASHIM KAPOOR
said judgments affirm that Foreign Court
decrees do not override the paramount consideration of a
child's welfare. The sixth respondent emphasizes that
Gabriel ... minor child takes
precedence over technicalities like comity of Courts or
foreign decrees.
13. Addressing the petitioner's claims of ignorance
about the sixth
controversy is that the defect of non-executability
of the foreign decrees by virtue of the Governor-
General's Order does not savour ... execution side was without jurisdiction. Normally, a
money claim due under a foreign decree can be
enforced on the original side by a suit under
controversy is that the defect of non-executability
of the foreign decrees by virtue of the Governor-
General's Order does not savour ... execution side was without jurisdiction. Normally, a
money claim due under a foreign decree can be
enforced on the original side by a suit under
held that Part I of the Act do not apply to foreign
arbitrations and dismissed E-City's Arbitration Petition (L)
No.525/2008 ... thus justified
the recognition and enforcement of the three foreign awards as
deemed decrees against Respondent No.1, under which an
amount in excess
made into a Foreign
Award. Further, the Party aggrieved can also challenge the merits of a
foreign Award only in that Court. If neither party ... Judgement.
Therefore, the principles of Foreign Judgement no longer hold good for the
Foreign Awards which are deemed Decrees, which can be enforced directly,
without
Section 44A of CPC are
hereinunder:
"13. When foreign judgment not conclusive-- A foreign
judgment shall be conclusive as to any matter thereby
directly ... which on one part decrees of
Indian Courts are made executable in United
Kingdom and on the other part, decrees of Courts in
the United
worth of subject
foreign judgement, there was other abundant evidentiary
material on record and therefore suit ought to have been
decreed on that basis ... native suit independent of foreign
judgements and therefore the said suit ought to
have been decreed...?
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