Insight
‘Enforcement of Foreign Decrees: Delhi High Court Redefining Simultaneous Execution of Foreign Decrees under Section 44A of the Code of Civil Procedure, 1908’
Partner, Nakul Sachdeva and Senior Associate, Shreyansh Rathi have recently authored an insightful article titled ‘Enforcement of Foreign Decrees: Delhi High Court Redefining Simultaneous Execution of Foreign Decrees under Section 44A of the Code of Civil Procedure, 1908’.
The recent decision of the Hon’ble Delhi High Court in BNP Paribas Suisse SA v. Ashok Kumar Goel & Ors. marks a significant development in the cross-border enforcement framework under Indian law.
By affirming the permissibility of simultaneous execution of foreign decrees in India and the originating (reciprocating) territory, the Court has provided much-needed clarity on the interpretation of Section 44A of the Code of Civil Procedure, 1908. This judgment adopts a purposive and creditor-friendly approach, harmonising the foreign decree enforcement mechanism with the broader scheme of execution under Sections 38–40 CPC. The analysis that follows examines the factual background, judicial reasoning, and the broader implications of this judgment for cross-border creditors and enforcement strategy.
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