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2020 Supreme(SC) 266

DEEPAK GUPTA, ANIRUDDHA BOSE
Bank of Baroda – Appellant
Versus
Kotak Mahindra Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner(s):Praveena Gautam, Ankur Talwar, Raja Ram, Pawan Shukla, Sweety Pandey, Advocates
For Respondent(s):D. Bharat Kumar, Tadimalla Bhaskar Gowtham, Aman Shukla, Siddhartha Sinha, Vishal Arun, Advocates

JUDGMENT :

DEEPAK GUPTA, J.

1. Leave granted.

2. “What is the limitation for filing an application for execution of a foreign decree of a reciprocating country in India?” is the short but interesting question which arises for decision in this case.

3. Vysya Bank, which is the predecessor of the respondent Kotak Mahindra Bank Ltd., issued a letter of credit for US $1,794,258 on behalf of its customer M/s. Aditya Steel Industries Limited in favour of M/s. Granada Worldwide Investment Company, London. The appellant Bank of Baroda was the confirming bank to the said letter of credit. The Vysya Bank issued instructions to the London branch of the appellant on 12.10.1992 to honour the letter of credit. Acting on this instruction the London branch of the appellant discounted the letter of credit for a sum of US $ 1,742,376.41 and payment of this amount was made to M/s Granada Worldwide Investment Company on 13.10.1992.

4. The appellant Bank of Baroda filed a suit against the Vysya Bank for recovery of its dues on 19.04.1993 in London. This suit was decreed by the High Court of Justice, Que


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