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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

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Supreme Court Allows Decree-Holder to Enforce Higher Interest Compromise Made in Execution Proceedings. Compromise Amounting to Adjustment of Decree, Recorded Under Order 21 Rule 2 CPC, and Found Fair Held Enforceable.

The dispute arose from a decree passed on compromise on March 24, 1953, directing the respondent to pay Rs.22,500 with 6% interest. After the responde...

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Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

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High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

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Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...