Delhi High Court Affirms Simultaneous Execution of Foreign Decree in India and UAE
BNP Paribas Suisse SA's Execution Petition Deemed Maintainable Against Judgment Debtors in India
In a significant ruling, the Delhi High Court has upheld the enforceability of a foreign decree from the United Arab Emirates (UAE) in India, allowing simultaneous execution in both jurisdictions. The judgment, delivered by Justice Purushaindra Kumar Kaurav, affirms BNP Paribas Suisse SA's right to execute a decree against Ashok Kumar Goel and others, involving a substantial sum of USD 118,790,452.52.
The court addressed critical issues concerning the execution of foreign decrees under Section 44A of the Code of Civil Procedure (CPC), 1908, and the conclusiveness of foreign judgments under Section 13 of the CPC. Justice Kaurav emphasized that the decree, passed by the Sharjah Court of Appeal, satisfies all legal requirements, including conclusiveness under Section 13, making it enforceable in India as if passed by a domestic court.
The judgment highlights that the absence of a statutory bar under Section 44A allows for parallel execution in multiple jurisdictions. It reinforces the legal fiction created by Section 44A, which treats foreign decrees from reciprocating territories equivalently to domestic decrees, permitting simultaneous enforcement when assets are dispersed across jurisdictions.
The court dismissed objections from the judgment debtors, who argued that the decree lacked finality and enforceability due to ongoing proceedings in the UAE. The court clarified that the decree's validity was reaffirmed by the Sharjah Court of Appeal on June 19, 2025, and any attempts to challenge its binding nature were nullified by the UAE Court of Cassation.
Justice Kaurav further criticized the judgment debtors for employing dilatory tactics to obstruct the decree's enforcement, emphasizing the need for prompt execution to prevent asset dissipation and uphold decree-holder rights. The judgment underscores the broader principles of comity of courts and commercial certainty, advocating for efficient cross-border enforcement of decrees from reciprocating territories.
The ruling sets a precedent for the execution of foreign decrees in India, reinforcing the legal framework that supports decree-holders' rights to pursue parallel enforcement in multiple jurisdictions. The case is scheduled for further proceedings on October 27, 2025, as the court moves towards expeditious execution.
Bottom Line:
Execution of foreign decrees - Simultaneous execution of a foreign decree in India and the cause country (UAE) is permissible under Section 44A of the CPC, provided the decree satisfies the conclusiveness test under Section 13 of the CPC.
Statutory provision(s): Code of Civil Procedure, 1908 - Sections 44A, 13, 47
BNP Paribas Suisse SA v. Ashok Kumar Goel, (Delhi) : Law Finder Doc Id # 2785194
