Enforcing foreign court judgments against Indian parties and assets.
A foreign company holding a money judgment against an Indian party can enforce it in India, but the route depends on where the judgment was given. A judgment from a court in a notified reciprocating territory can be executed directly as if it were an Indian decree under Section 44A; a judgment from any other country must be sued upon afresh as the cause of action, with the foreign judgment as strong evidence.
In both routes the Indian court examines the judgment against the Section 13 conditions - jurisdiction, merits, natural justice, and freedom from fraud and from any refusal to recognise Indian law - which are the usual battlegrounds. AMLEGALS advises foreign judgment creditors on the correct route, the limitation position, and the execution or suit, and defends Indian parties where a foreign judgment is sought to be enforced against them.
Establishing whether the judgment is from a reciprocating territory enforceable under Section 44A or requires a fresh suit.
Testing the judgment against the conclusiveness conditions in Section 13 and the likely challenges.
Confirming the limitation position for execution or for a suit on the judgment.
Filing and conducting execution of a reciprocating-territory decree.
Drafting and prosecuting a fresh suit where the judgment is from a non-reciprocating country.
Identifying the judgment debtors Indian assets and pursuing attachment and recovery.
Yes. A judgment from a notified reciprocating territory can be executed directly as an Indian decree under Section 44A. A judgment from any other country must be enforced by filing a fresh suit in India on the judgment, which is treated as conclusive evidence subject to the Section 13 conditions.
Under Section 13 a foreign judgment is not conclusive if the foreign court lacked jurisdiction, the judgment was not on the merits, it was obtained by fraud, it breached natural justice, it is founded on a wrong view of international law, or it sustains a claim contrary to Indian law. These are the usual defences.
Direct execution of a reciprocating-territory decree is faster than a fresh suit. Timelines depend on the debtors resistance and asset position. AMLEGALS chooses the route, secures interim protection where possible and drives execution against identified assets.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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