Originally from Enforcement of Money Judgments

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At the outset, it is stated that in India, there are no states that have a separate legislative scheme for recognition and enforcement of foreign judgments. The Code of Civil Procedure, 1908 (“the Code”), being the central statute, is uniformly applicable throughout the country, and therefore, illustrative case laws from multiple states have been included.

I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

The ease of enforcement of foreign money judgments depends on whether the country of origin is a “reciprocating territory.”  Under Section 44-A of the Code, a money decree of any superior Court of a reciprocating territory may be executed as if it had been passed by a District Court in India.  Enforcement through execution proceeding is a summary procedure; it does not entail review of the merits of the case. It, therefore, takes less time. On the other hand, enforcement of a judgment from a non-reciprocating territory requires institution of a suit in the competent court for a decree on the basis of the foreign judgment or the underlying cause of action or both. The suit takes longer time to conclude due to procedural impediments. Therefore, it is comparatively easier to enforce foreign money judgments from reciprocating territories. Further, there does not appear to be any institutional bias against such enforcement.