VidhiSangh

Supreme Court of India · 17/03/2020

BANK OF BARODA versus KOTAK MAHINDRA BANK LTD.

[2020] 5 S.C.R. 492 · 2020 INSC 299

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Summary

The Supreme Court held that section 44A CPC supplies a procedure for executing decrees of reciprocating foreign territories, without creating a fresh limitation period. Ordinarily, limitation runs under the law of the country where the decree was passed. Where timely execution there remains partly or wholly unsatisfied, an Indian application must be filed within three years of finalisation of those proceedings. The London decree in this case had become unenforceable before execution was sought in India.

Issues

  1. Which limitation law and starting point govern execution in India of a reciprocating foreign court’s decree.
  2. Whether filing a certified decree under section 44A creates a fresh twelve-year execution period.

Provisions considered

Held

Result

Appeal dismissed; rejection of the execution application upheld for the reasons stated by the Supreme Court. The separate deposit dispute was not determined.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 492.