Execution Of Foreign Decrees: High Courts With Original Civil Jurisdiction Empowered To Execute

In a recent decision of Messer Griesheim GmbH v. Goyal Mg Gases Pvt. Ltd.¹, the Hon'ble Supreme Court held that High Courts having original civil jurisdiction were empowered to execute a foreign court's money decree falling within their pecuniary limits under Section 44A of the Civil Procedure Code, 1908 (CPC). In this article, we navigate through the facts and findings of the Hon'ble Supreme Court in the aforementioned case.

Brief Facts

The Appellant/ Decree Holder (Appellant) had initiated proceedings before the High Court of Justice, Queen's Bench Division, Commercial Court, United Kingdom (English Court) which is a superior court of a reciprocating territory namely United Kingdom of Great Britain and Northern Island notified under Section 44A of the CPC². A default decree dated 06.02.2003 was passed in the matter on account of non-appearance of the Respondent/ Judgment Debtor (Respondent) in the UK court.