Can a foreign decree be executed in India?


We are a company in USA. A company at Mumbai is owing us US$ in lakhs. We have an ex-parte decree against the debtor for winding up. We sought opinion from few attorneys and their views are confusing which say that this decree cannot be executed in India. Can we get a clear position of law on this matter?

Answers (1)


147 votes

Foreign decrees under Indian law are classified into two broad categories i.e. decrees from reciprocating territory and non-reciprocating territories. If the decree is of a recognized court in a reciprocating territory, then it can straightaway be put it into execution, following the procedure under our Civil Procedure Code. USA and India being reciprocating territories, your decree can be executed.

But, we need to get full facts of the matter.


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