Enforcement of Foreign Judgments

• Author(s): Ravi Singhania, Shilpa Shah, Vikas Goel, Abhishek Kumar
• Date: 02-Aug-2025
• Post in: Corporate & Commercial

India enforces foreign judgments from designated reciprocating territories under Section 44A of the Code of Civil Procedure, 1908, treating them as domestic decrees if passed by a superior court. These judgments must pertain to monetary claims or injunctions and exclude taxes, fines, or arbitral awards. In contrast, judgments from non-reciprocating jurisdictions are not directly enforceable and require the filing of a fresh suit in Indian courts, where the judgment holds only evidentiary value. The limitation period for enforcement is typically 12 years for monetary claims and 3 years for injunctions. Enforcement actions must be initiated in the appropriate Indian district court, with courts empowered to order attachment of property, recovery of money, or delivery of assets for reciprocating judgments. For non-reciprocating ones, a declaratory decree is a prerequisite. It is essential to ensure that the judgment meets all criteria under Section 44A and is final and conclusive, as partial or default judgments may not be enforceable. With growing complexities in cross-border disputes, strategic considerations such as asset tracing and preservation play a critical role in successful enforcement in India.

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