Search Results for "Section 44A CPC"

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Search Results for "Section 44A CPC"

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High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

Supreme Court

Supreme Court Allows Appeals in Family Arbitration Execution Dispute — Upholds Single Judge's Orders for Attachment and Sale of Property. Execution of arbitral award under Section 36 of Arbitration and Conciliation Act, 1996 cannot be stayed by Letters Patent Appeal without satisfying conditions for stay under Order 41 Rule 5 CPC.

1 Jan 2025

The dispute arose from a family feud over accounting and distribution of family assets. The appellant, son of late Kantilal Dalal, obtained an arbitra...

High Court

Bombay High Court Allows Decree on Admission in Suit for Enforcement of Foreign Judgment — HSBC Bank U.S.A. v. Silverline Technologies Ltd. & Anr. The court held that the defendants' admissions in a settlement agreement and the conclusiveness of the foreign judgment under Section 13 of the Code of Civil Procedure, 1908 entitled the plaintiff to a decree on admission under Order XII Rule 6 CPC.

2 Feb 2006

The plaintiff, HSBC Bank U.S.A., filed a suit for recovery of US$ 17,919,603.68 based on a foreign judgment and decree dated 18.9.2002 passed by the U...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Bombay High Court Dismisses Admiralty Suit for Lack of Jurisdiction in Collision Case — Cause of Action in Goa, Not Bombay. Vessel Registration Alone Does Not Confer Jurisdiction Under Section 6 CPC and Letters Patent.

18 Mar 2015

The plaintiffs, V.M. Salgaocar & Bros. Ltd., filed an admiralty suit in the Bombay High Court claiming damages of Rs.13,33,70,000/- with interest for ...

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