Sharjah Court Foreign Decree – Execution in India – Sections 13 & 44A CPC and Reciprocating Country
Sections 13 & 44A CPC and Execution of Exparte Foreign Decree of Sharjah Federal Court, Civil Court of Appeals, UAE – Reciprocating Country
Respondent No.1 had given banking facilities to respondent no.2 for purchase, transportation, storage and resale of crude oil and petroleum products.
Respondent No.1 is the Decree holder, whereas, the Appellants with Respondent Nos.2 to 12 are the Judgment debtors in the Foreign Decree of Sharjah Federal Court, for USD 118,790,452.52 with interests and costs.
On 2.8.2024, the decree holder filed execution petition against the judgment debtors No.1 to 4 i.e. the appellants in respect of their movable and immovable assets in the territorial jurisdiction of the High Court of Delhi.
By he judgment dated 19.9.2025, the Single Bench rejected the preliminary objections to the maintainability of the execution petition.
HELD that the issue as respects the permissibility of simultaneous execution proceedings in a “cause country” and in India. There is no bar to the maintainability of an execution proceeding in India during the pendency of execution proceeding in a “forum country” as allegedly espoused in the judgment of the Supreme Court of India in Bank of Baroda judgment.
Judgment dated 24.12.2025 of the High Court of Delhi in EFA (OS) 20/2025 of Ashok Kumar Goel and others Vs. BNP Parias Suisse SA and others with connected matters
