LIMITATION RE FOREIGN DECREES-INDIA COMES AT PAR

Published On: 06/04/2020

Authors:

Padmaja Kaul
Under Indian Law, foreign decrees passed by the courts of reciprocating territories are to be enforced in terms of Section 44-A of the Code of Civil Procedure, 1908 (the 'Code'). Despite the existence of an express provision, there has been considerable uncertainty and in fact, contrary views have been taken by the High Courts in India regarding the period of limitation that ought to be applicable to matters pertaining to enforcement of a foreign decree. The Supreme Court of India, noticing this uncertainty and variance, has sought to finally clarify the position in the Bank of Baroda vs. Kotak Mahindra Bank Limited (the 'Bank of Baroda case'). INDUSLAW's Padmaja Kaul, Varun Khanna and Aman Chaudhary discuss.