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Search Results for "conclusive foreign judgment"

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Supreme Court

Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

15 Nov 2024

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Allows Execution of UK Costs Decree Under Foreign Judgment (Reciprocal Enforcement) Act, 1933 — Judgment Debtor's Challenge on Grounds of Fraud and Public Policy Rejected. The court held that a foreign judgment for costs is a money decree enforceable in India and that allegations of fraud must be extrinsic to the adjudicated issues.

9 Nov 2020

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing a chamber summons taken out by the decree holder (responden...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

High Court

Bombay High Court Upholds Enforcement of Foreign Judgment in Bunker Supply Dispute Despite Defendant's Challenges. Danish Supreme Court Judgment Held Conclusive Under Section 13 CPC as Defendant Failed to Prove Exceptions, Resulting in Decree for Balance Amount.

21 Jun 2018

The dispute arose from a bunker supply transaction involving the vessel PFS NARAYANA. Dan Bunkering Limited, a Danish company, supplied bunkers to the...

High Court

High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

4 Aug 2017

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

High Court

Bombay High Court Allows Appeal Against Removal of Trustee in Charity Dispute — Conviction by Foreign Court Not Automatically 'Moral Turpitude' Under Maharashtra Public Trusts Act, 1950. Court holds that conviction by a foreign court does not ipso facto constitute an offence involving moral turpitude under Section 41D of the Act without proof of the nature of the offence.

5 Nov 2014

The case involves two appeals filed by Prabodh K. Mehta against an order of the City Civil Court dated 20 July 2013. The City Civil Court had dismisse...

High Court

Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

5 Mar 2014

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

28 Jan 2014

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

4 Feb 2013

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

High Court

High Court of Bombay Allows Revision Application of Foreign Consulate in Rent Dispute — Section 86 CPC Bar on Suits Against Foreign States Upheld. Consulate General of Czech Republic held immune from suit for declaration of tenancy under Maharashtra Rent Control Act, 1999 as prior consent of Central Government under Section 86 CPC was not obtained.

30 Nov 2011

The case involves a Civil Revision Application filed by the Consulate General of the Czech Republic and the Consulate itself (original defendants) aga...

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