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The Supreme Court of India has delivered a landmark ruling on the enforceability of foreign court judgments in India, specifically addressing whether summary judgments rendered without full trial proceedings meet the statutory requirements under the Code of Civil Procedure. This decision has significant implications for cross-border litigation and the recognition of foreign judicial decisions in Indian courts.
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The Supreme Court (‘SC’) in Messer Griesheim GmbH v. Goyal MG Gases Pvt. Ltd.1 held that a summary judgment of a foreign court rendered in a dispute involving bona fide triable issues, renders such summary judgment as one not delivered on merits of the case (a requirement under Section 13(b) of the Code of Civil Procedure, 1908 (‘CPC’)) and is contrary to the principles of natural justice (a requirement under Section 13(d) of the CPC), and hence, cannot be enforced in India.
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