You can enforce UAE court verdict in India to get your money back.
Q1-One of my acquaintances took money from me on loan. When he did not return it, I filed a complaint at a court in Al Ain. The judgment was pronounced in my favour. However, the borrower fled to India. Are there any legal options open to me to get the money from him in India?
We assume that the judgment pronounced by Al Ain Court is a civil judgment. It should be noted that in India, recognition and enforcement of foreign judgments and decrees are governed by Section 44-A, and Section 13 of the Code of Civil Procedure 1908 (Civil Code of India).
Section 13 of the Civil Code of India provides the criteria for recognition of a foreign judgment and is a pre-condition to any enforcement proceedings under Section 44A of the code. It states that the basic criteria required to be followed while enforcing a foreign judgment or decree in India is to ensure that the verdict or decree is pronounced by a court of competent/superior jurisdiction and is based on merits. Besides, it should be final and conclusive without leaving any scope for pending appeal in the rendering state, while having the effect of res judicata which means a matter that has been adjudicated by a competent court and therefore, may not be pursued further by the same parties.
As such, foreign judgment which is conclusive under Section 13 of the Civil Code of India can be enforced by instituting execution proceedings under Section 44-A of the Civil Code of India.
Section 44(A) of Civil Code of India imposes restrictive proposal requiring reciprocity in enforcing foreign judgments in the case of 'reciprocating territories'. Further, it defines 'reciprocating territory' to mean a country which the central government has notified as such in the Official Gazette. The Government of India and Government of UAE signed a bilateral treaty in 1999 on juridical and judicial co-operation in civil and commercial matters for the service of summons, judicial documents, judicial commissions, execution of judgments and arbitral awards. The said treaty was ratified by both countries in their Official Gazette in May 2000. Considering this law, it is to be noted that foreign judgments and decrees from reciprocating territories can be executed in India as decrees passed by the Indian courts - a district court and or high court having civil jurisdiction.
You will have to file the required documentation as specified below before a district court or a high court, for execution and enforcement of foreign judgments and decrees from reciprocating territories under Section 44-A of the Civil Code:
>A certified copy of the decree or judgment passed by a superior court of the reciprocating territory;
>A certificate from the foreign court stating the extent to which the decree has already been satisfied or adjusted (if any satisfaction has been achieved at all) must be filed.
Also, under international law, as India and the UAE are parties to the bilateral treaty of 1999, there is an obligation on both nations to recognise and enforce foreign judgments in line with the commitments in the pact.
However, it is recommended to consult an Indian legal counsel regarding the enforcement of UAE judgments in the courts of India.
Know the law
Section 13 of the Civil Code of India provides the criteria for recognition of a foreign judgment and is a pre-condition to any enforcement proceedings under Section 44A of the code. It states that the basic criteria required to be followed while enforcing a foreign judgment or decree in India is to ensure that the verdict or decree is pronounced by a court of competent/superior jurisdiction and is based on merits.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai
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|Publication:||Khaleej Times (Dubai, United Arab Emirates)|
|Date:||Oct 28, 2018|
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