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Procedure to execute a decree obtained from UAE in India
16-Dec-2023 (In International Law Law)
We trade internationally in spices. In one of the exports made from UAE to India, the buyer did not pay us for a long time. We brought a decree from UAE and wanted to execute it against the buyer in India. The City Civil Court refused to execute the decree. On appeal for a direction to the Civil Court to pass the decree, the appellate court refused to pass such order providing direction.
We seek your advice about the position of law in India.
The appellate court is right in its stand not to direct the lower court to pass a decree against the buyer as sought by you. It is on the ground that superior court cannot pass such orders which involve stepping into the jurisdiction of lower court. The superior court cannot step into the jurisdictional independence of lower court.
However, at appellate court you should have sought the relief of directing the lower court to relook into the matter by a hearing and pass appropriate orders.
However, at appellate court you should have sought the relief of directing the lower court to relook into the matter by a hearing and pass appropriate orders.
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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