Quick answer: Enforcement of foreign judgments in India follows two routes. A money decree from a superior court of a “reciprocating territory” such as the UK, Singapore or UAE goes straight to execution under Section 44A CPC. Every other foreign judgment needs a fresh suit in India. Either way, the judgment must pass the Section 13 CPC tests.
Enforcement of foreign judgments in India matters to every lender or business that wins abroad against a party with assets here. The Code of Civil Procedure, 1908 (CPC) offers a fast route and a slow route. Your choice depends on where the foreign court sits.
Enforcement of Foreign Judgments in India: The Two Routes
Route 1: Execution under Section 44A CPC. The Central Government notifies certain countries as “reciprocating territories”. Indian courts execute a money decree from their superior courts as if an Indian court had passed it. You file an execution petition with a certified copy of the decree and the foreign court’s certificate of the unpaid amount.
The list includes the UK, Singapore, Hong Kong, Malaysia, New Zealand and Bangladesh. India added the UAE on 17 January 2020, covering its federal and emirate courts and the DIFC and ADGM courts. The United States, however, is not on the list. Section 44A also excludes taxes, fines, penalties and arbitral awards.
Route 2: A suit on the foreign judgment. You cannot execute a judgment from a non-reciprocating country, such as the USA, directly. Instead, you file a fresh civil suit in India based on it. You then execute the resulting Indian decree.
The Six Section 13 CPC Exceptions
A foreign judgment binds the parties unless:
- a court without competent jurisdiction passed it;
- the court did not decide the case on merits;
- it rests on an incorrect view of international law or ignores applicable Indian law;
- the proceedings breached natural justice;
- the decree holder obtained it by fraud; or
- it sustains a claim founded on a breach of Indian law.
Moreover, Section 14 CPC lets the court presume the foreign court’s jurisdiction. Under Section 44A(3), the executing court refuses execution if any exception applies.
Limitation Period: How Long Do You Have?
Limitation often defeats creditors. In Bank of Baroda v. Kotak Mahindra Bank (17 March 2020), the Supreme Court held that the 12-year rule in Article 136 of the Limitation Act does not govern a Section 44A petition. Instead, the three-year residuary period in Article 137 applies. The decree must also remain alive under the foreign country’s law. If you first pursued execution abroad, time generally runs from when those proceedings ended without full recovery.
For a suit on a non-reciprocating judgment, Article 101 gives three years from the date of the judgment. Therefore, act quickly on either route.
Key Case Law
- Bank of Baroda v. Kotak Mahindra Bank (SC, 2020): The Court applied Article 137 to Section 44A petitions and held that such a petition creates no fresh cause of action.
- BNP Paribas Suisse SA v. Ashok Kumar Goel (Delhi HC, 2025:DHC:8496): The court let a bank execute a Sharjah decree of about USD 118.79 million in India while UAE proceedings continued. Reports state that the Supreme Court affirmed the Delhi High Court’s decisions on 23 March 2026.
- Elis Jane Quinlan v. Naveen Kumar Seth (Bombay HC, 2026): The court held that the Section 13 inquiry in execution is ordinarily summary and need not involve a full trial. The judgment debtor must prove the exception.
Checklist for Decree Holders
- Confirm whether the foreign court is a superior court of a reciprocating territory.
- Obtain a certified copy of the decree and a certificate of the unpaid amount.
- Check limitation under Indian and foreign law.
- Trace the debtor’s Indian assets and choose the court where they sit.
- File an execution petition (Route 1) or a suit (Route 2).
- Answer Section 13 objections with proof of service, jurisdiction and a merits decision.
- Seek attachment and sale under Order XXI CPC.
For awards from a foreign-seated arbitration, read our guide on enforcement of foreign arbitral awards in India.
Frequently Asked Questions
How is a foreign judgment enforced in India?
Indian courts execute a reciprocating territory’s money decree directly under Section 44A CPC. Any other foreign judgment needs a fresh suit.
What is a reciprocating territory?
It is a country the Central Government notifies under Section 44A, such as the UK, Singapore, Hong Kong, Malaysia, New Zealand, Bangladesh or the UAE.
Is the USA a reciprocating territory for India?
No. A US judgment creditor must sue in India on the US judgment within three years.
What is the limitation period to enforce a foreign decree in India?
Generally three years: Article 137 for Section 44A petitions and Article 101 for suits on foreign judgments.
When can an Indian court refuse a foreign judgment?
It refuses when a Section 13 exception applies, such as lack of jurisdiction, no merits decision, fraud or breach of natural justice.
Can you execute a foreign decree in India and abroad at the same time?
Yes. The Delhi High Court allowed parallel execution in BNP Paribas Suisse (2025), though a creditor cannot recover more than the decretal amount.
Lex Pleaders advises banks, NBFCs and businesses on cross-border recovery, execution of foreign decrees and commercial litigation in India. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.