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Discussion > Civil Law > Procedure > Execution of Indian Decree in Foreign Courts   Unanswered Threads Post New Topic

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There are 2 Replies to this message


Abhishek


Advocate
[ Scorecard : 109]
Posted On 13 October 2009 at 13:12 Report Abuse

Please provide me the provision and any judgement on the following fact:

 

The Judgement and Decree was passed by the Indian Court against a Foreign Company.

 

Can execution petition can be filed in India or in the respective country of such foreign company for the purpose of execution. Please provide me the provision and the judgement. 



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Member (Account Deleted)


self employed
[ Scorecard : 121]
Posted On 13 October 2009 at 18:37 Report Abuse

hi Abhishek  as per ur information a dcree has been passed by an indian court against a foreign company then for the execution of such decrre one has to apply to the court which has passed the decree then the same court would send the decree for execution in the foreign territory (SEC. 45 CPC). CASE LAW  : Kishandas v. Indo-Carnatic Bank Ltd.



Abhishek


Advocate
[ Scorecard : 109]
Posted On 14 October 2009 at 10:48 Report Abuse

Hi Manish

 

Thanks for your reply. As far as execution is concerned we have to file the execution petition on the foreign company and for which i need the judgement for its maintainability. Pleae provide me the full citation of the above judgement cited by you.

 

Thanks alot for the co-operation.




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