Ramana (VP) 03 June 2011

USA Judgment execution in India

Hello Experts,

My company is based in NJ, USA and entered into a contract here with an Indian company with a branch office in the USA. The contract was not honored by the Indian company branch and so I won a Judgment against them.

However, before I start collecting on the Judgment, the Indian company closed business in the USA. Since it is a publicly traded company in India, it has assets in India and i'm looking to collect my judgment in India.

My questions:

1> Can the US Judgment be enforced in India? I read something about a non-reciprocity clause.

2> If the non-reciprocity clause applies, do I need to file a fresh lawsuit again?

3> If I have to initiate a new lawsuit in India, how long does it take usually and how much it would cost?It would help if you can detail the process.

4> How can I use the US Judgment to expedite the indian lawsuit?

Your expertise and advise is very much appreciated. Many Thanks!!

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4 Replies

pervez (adviser) 03 June 2011

Please go through the attached file..

regards

Attached File : 27788 183684 53 foreign judgement.pdf downloaded: 278 times

1 Like

sanjay kumar (BE/ LLM in Corporate Laws) 03 June 2011

Parvez,

Good information. Thanks

(Guest)

SIR,

YOU MAY FILE A CIVIL SUIT IN LOCAL COURTS IN INDIA WHERE YOU OR THE OTHER SIDE HAS OFFICE.YOU MAY SUBMIT ALL DETAILS YOU WILL SUCCEED.GOOD LUCK.

YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP .

WITH BEST REGARDS TO ALL..

YOURS SINCERELY

NANDKU MAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

1 Like

Ramana (VP) 04 June 2011

Thank you Mr. Pervez. and Mr. Nandakumar.

After reading through, I think i will have to file a suit on the judgment since USA is a non-reciprocity country.

But I want to confirm if the indian courts have jurisdiction over this and how long would such a process usually takes? Also, how much does it cost to file such a suit such as court fees/process fess etc.,

Approximate numbers in percentages will be fine too.