High Courts With Original Civil Jurisdiction Can Also Execute Foreign Decrees Under Section 44A of CPC
Case: M/s. Griesheim GmbH (Now Called Air Liquide Deutschland GmbH) v. Goyal MG Gases Pvt. Ltd.
Corum: Justices Ajay Rastogi and Abhay S. Oka
Case No.: Civil Appeal No. 521 of 2022
Court Observation: “The Division Bench has proceeded on the basis of the expression “District Court”, as being referred under Section 44A of the Code but it has not taken into consideration the other relevant provisions of which a reference has been made by us while coming to the conclusion that the expression “District” as defined under Section 2(4) of the Code only lays down the limits of the jurisdiction of the principal civil Court of original jurisdiction and that includes the ordinary original civil jurisdiction of the High Court and once the pecuniary jurisdiction exceeds as being notified under the relevant statute, the jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution of a foreign decree under Section 44A subject to the just objections which are available to the parties/judgment debtor as envisaged under Section 13 of the Code”.
“district” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court;”
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Keywords
Execute, Foreign Decrees
