Employee Dues - Execution UAE judgment in an Indian court

770 votes

A judgment passed by a Court in UAE can be executed in India definitely. The procedure involved is a bit complicated but can definitely be enforced. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

665 votes

Well, Foreign Judgements may be accepted in Indian, may be not, which depends upon several factors. If the Foreign Judgement has been passed in consonance with the Employment Laws existing in India, then it will be accepted, otherwise not.

Advocate Pankaj Bajaj LawRato

613 votes

A judgment from a UAE court can be enforced in India under the provisions of the Code of Civil Procedure, 1908. Since the UAE is not notified as a reciprocating territory under Section 44A of the CPC, the judgment cannot be executed directly in India but can be treated as evidence in a fresh suit. Indian courts may recognize and enforce the UAE judgment if it meets the criteria under Section 13 of the CPC, which states that a foreign judgment must be conclusive. However, enforcement can be refused if the judgment is not pronounced by a competent court, not given on the merits, obtained by fraud, violates Indian public policy, or denies natural justice. To enforce the UAE judgment in India, you will need to file a civil suit based on the foreign judgment in the appropriate Indian court. The UAE judgment will be treated as a cause of action, and you will have to establish its conclusiveness. The defendant may challenge the enforcement on various grounds, including jurisdictional issues, fraud, or procedural irregularities. If the Indian court finds the judgment valid and enforceable, it may pass a decree in your favor, which can then be executed against the employer’s assets in India. let me know if any assistance is required. I can help you with the enforcement of the UAE judgment.

Advocate Ajinkya Sanjay Gosavi LawRato