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Can a foreign court decree be executed in India while parallel proceedings are ongoing abroad? This episode breaks down the Delhi High Court judgment in BNP Paribas Suisse SA v. Ashok Kumar Goel & Ors.
within Litigation, Mediation & Arbitration, Tax and Criminal Law topic(s)
with readers working within the Law Firm industries
Can a foreign court decree be executed in India while parallel
proceedings are ongoing abroad? This episode breaks down the Delhi
High Court judgment in BNP Paribas Suisse SA v. Ashok Kumar Goel
& Ors.
Tune in as we dissect Justice Purushaindra Kumar Kaurav's
ruling on the execution of a USD 118.79 million decree from the
Sharjah Court of Appeal (UAE) against the Goel family. We clarify
the scope of Section 44A of the Code of Civil Procedure, 1908, and
discuss the Court's analysis on:
The finality and conclusiveness of a foreign decree from a
reciprocating territory.
The permissibility of simultaneous execution in both the cause
country (UAE) and the forum country (India).
How the Court distinguished the Bank of Baroda v. Kotak
Mahindra Bank judgment.
This decision strengthens India's commitment to
international comity and ensures effective, timely recovery for
foreign decree holders. A must-listen for legal professionals and
anyone involved in cross-border debt recovery.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
