As a lawyer practicing in Indian courts one is often asked,
almost regularly in fact, "how long before the decree is
enforced?". To that one question there is a standard
answer "I do not know".
Instances of the Indian courts sympathizing with the
difficulties faced by a decree-holder in reaping the fruits of the
litigation are abundant; these date back to 1872 in General
Manager of the Raj Durbhunga v. Coomar Ramaput Sing and go all
the way until the recent case of Air Liquide Deutschland GmbH
v. Goyal MG Gases (P) Ltd.
The Government, in its zeal to simplify doing business in the
country, has pursued various steps, one of which is improving the
alternate dispute resolution mechanism. A faster resolution of
disputes rightly fosters a healthier business environment. Thus,
since 2015, the Arbitration Act, 1996 has seen frequent amendments.
They do not however, address the most important aspect -
"enforcement". Enforcement is eventually conducted under
the execution
