Enforcing a foreign judgment or decree in India

Law

Sections 13, 14 and 44A, CPC 1908

Direct execution

Reciprocating territories only

Others

Suit on the judgment

Limitation for suit

3 years from the judgment

Two routes, depending on where the judgment was given

India recognises foreign judgments but enforces them in two different ways. Section 44A allows a certified copy of a decree from a superior court of a reciprocating territory to be filed in an Indian district court and executed directly. The Central Government has notified, among others, the United Kingdom, Singapore, the UAE, Malaysia, New Zealand, Hong Kong, Bangladesh, Fiji, Trinidad and Tobago, Papua New Guinea and Aden. The UAE was notified in 2020.

The USA, Canada, Australia and most of continental Europe are not reciprocating territories. A judgment from New York, Ontario or New South Wales is evidence of the debt, but it cannot be executed in India without a fresh suit. The suit is based on the foreign judgment itself, and the Indian court will usually decree it if the judgment passes the section 13 tests. Under Article 101 of the Limitation Act, that suit must be filed within three years of the date of the foreign judgment.

Reciprocating and non-reciprocating countries compared

Section 44A is limited to decrees for a sum of money. Injunctions, specific performance orders and declarations from abroad are not executed under it, though they can support a fresh suit. Arbitration awards follow a separate route under the Arbitration Act.

The six section 13 tests every foreign judgment must pass

A foreign judgment is conclusive between the parties in India unless one of the six exceptions in section 13 applies. The debtor can resist enforcement by showing that the judgment:

• was not pronounced by a court of competent jurisdiction, judged by Indian rules of private international law;
• was not given on the merits of the case;
• is founded on an incorrect view of international law or refuses to recognise Indian law where it applied;
• came from proceedings opposed to natural justice, for example without proper notice;
• was obtained by fraud; or
• sustains a claim founded on a breach of a law in force in India.

Under section 14, the Indian court presumes that the foreign court had jurisdiction when a certified copy is produced, unless the contrary is shown. The point that most often defeats enforcement is the second one: Indian courts have held that a default judgment given without considering any evidence may not be a judgment on the merits. If you are still litigating abroad, ask your foreign lawyers to place evidence on record even if the Indian party does not appear. That one step can decide whether the judgment is usable in India.

Reaching the debtor's assets

Once the decree is executable, the Indian court can attach bank accounts, receivables, shares and immovable property, appoint a receiver, or require the debtor to disclose assets on affidavit. We trace assets before filing: land records, company filings with the Ministry of Corporate Affairs, and any information you already have about the debtor's business. Where the debtor is a company, decrees against it do not automatically reach directors personally, so the choice of defendant in the foreign action matters too.

Matrimonial and custody judgments from abroad follow different rules. Indian courts test foreign divorce decrees on the principles laid down in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991). For those, see our page on divorce for NRIs.

What you need to do from abroad

You do not need to travel. You obtain a certified copy of the judgment from the foreign court and, for section 44A, a certificate from that court stating how much of the decree remains unsatisfied. These are apostilled (for Hague Convention countries) or consular-attested so they are admissible in India. You sign a power of attorney or vakalatnama in favour of our team or a trusted person, again notarised and apostilled where you live. We file, appear and report after each hearing by email and video call in your time zone.

Currency, interest, costs and timelines

Foreign judgments are usually expressed in a foreign currency. Indian courts can pass a decree in foreign currency and fix the date on which it is converted into rupees, as the Supreme Court explained in Forasol v. ONGC (1984). Post-judgment interest awarded by the foreign court is generally recoverable as part of the decree, but the Indian court may examine interest that looks penal. Costs awarded abroad form part of the money decree and are enforced with it.

Timelines depend heavily on the Indian court and on how hard the debtor fights. A section 44A execution petition skips the trial on liability, so the work is mainly in tracing and attaching assets. A suit on a US, Canadian or Australian judgment is a full civil suit, although the foreign judgment does most of the evidential work. Where the debtor is actively moving assets, we can ask for attachment before judgment in the suit. We give you a realistic estimate after reviewing the judgment and the court where the debtor is located, rather than a figure that sounds good on a first call.

Mistakes that weaken enforcement

• Waiting too long. For a non-reciprocating country, the three-year clock for a suit runs from the date of the judgment, not from when you discover assets in India.
• Relying on a bare default judgment. A judgment with reasons and evidence on record is far easier to enforce.
• Suing the wrong entity abroad. An Indian parent or promoter is not bound by a judgment against a foreign subsidiary.
• Not checking the debtor's assets first. Enforcement costs money; a short asset search tells you whether it is worth it.

Documents you need

Start with scans. We will tell you which documents need apostille or consular attestation before filing.

• Certified copy of the foreign judgment or decree
• Certificate of the foreign court on the amount unsatisfied (for section 44A)
• Pleadings and evidence from the foreign case
• Proof that the Indian debtor was served in the foreign case
• Apostilled power of attorney or vakalatnama
• English translation of any document in another language
• Known details of the debtor's assets in India

How we handle it for you

1. Assess the judgment

   We check the country, the court, the type of decree and the section 13 risks.

2. Trace assets

   We search property, company and other public records for assets that can satisfy the decree.

3. File the right proceeding

   An execution petition under section 44A, or a suit on the judgment for non-reciprocating countries.

4. Answer objections

   We meet any section 13 objections with the record of the foreign proceedings.

5. Execute

   Attachment of accounts, receivables and property until the decree is paid.

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Frequently asked questions