India and not that of a superior Court of a reciprocating territory as contemplated by Section 44A of the Code of Civil Procedure. There ... doubt that the superior Court of a reciprocating territory contemplated by Section 44A of the Code of Civil Procedure would not ordinarily be construed
Civil Procedure, a decree passed by the superior courts of any reciprocating territory could be executed in India as if it had been passed ... District Court and that the `reciprocating territory' had been defined to mean any country or territory outside India which the Central Government might
passed by the Supreme Court is by a Court having reciprocating territory within the meaning of S. 44A of the Code. S. 44A, inter alia ... provides for execution of decrees passed by the superior Courts in reciprocating territories. Sub-section (1) of S. 44A of the Code clearly provides that
Union Of India vs Videocon Industries Ltd. on 5 March, 2012
Author: Reva Khetrapal
Bench
foreign court which is
notified as a superior court of reciprocating territory under
Section 44-A of the Code.
**** **** ****
24.5. Section 5 , Delhi High Court ... provides for execution of decrees
passed by the foreign courts in reciprocating territories. It, inter
alia, stipulates that where a certified copy of a decree
India].
"44-A. Execution of decrees passed by courts in reciprocating territory-(1) Where a certified copy of a decree ... territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating
reads as under:
44A. Execution of decrees passed by Courts
in reciprocating territory.--(1) Where a
certified copy of a decree ... territory"
means any country or territory outside India
which the Central Government may, by
notification in the Official Gazette, declare to be
a reciprocating
even for interlocutory orders passed by a foreign Court of a
reciprocating territory, the said principle will apply. According to him, having
disobeyed the orders
deals with the execution of decrees
passed by the Courts in reciprocating territories. The District
10 of 20
::: Downloaded ... attracted. No averments have
been made in respect of UK being reciprocating territory so as to
attract filing of petition at Panchkula. If no averments
Appeal, UAE,
in the wake of it being recognized as a reciprocating territory for
the purpose of Section 44A of the Code of Civil Procedure ... borrowers in this
country, and since UAE is a reciprocating territory, it is entitled to
execute the decree passed by the Civil Court of Appeal
