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2022 Supreme(SC) 50

AJAY RASTOGI, ABHAY S. OKA
Messer Griesheim Gmbh (Now Called Air Liquide Deutschland GmbH) – Appellant
Versus
Goyal MG Gases Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Mohna M. Lal, AOR Ms. Geetali Talukdar, Adv. Mr. Joydeep Bordoloi, Adv.
For the Respondent(s) Ms. Aruna Gupta, AOR

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The appellant/decree holder has challenged the judgment of the Division Bench of the High Court of Delhi dated 1st July, 2014 relegating to file a petition for execution of a money decree dated 7th February, 2006(in excess of Rs. 20 lakhs) of a foreign Court indisputedly notified as a superior Court of a reciprocating territory before the District Court in view of Section 44A of the Code of Civil Procedure, 1908(hereinafter being referred to as the “Code”).

3. It is an old saying that the difficulties of the litigant in India begin when he has obtained a decree. The evil was noticed as far back in 1872 by the Privy Council in relation to the difficulties faced by the decree holder in execution of the decree (MIA p.612) 1[General Manager of the Raj Durbhunga v. Coomar Ramaput Sing, (1871-72) 14 MIA 605 : 20 ER 912]. After more than a century, there has been no improvement and still the decree holder faces the same problem what was being faced in the past. A litigant coming to Court seeking relief is not interested in receiving a paper decree when he succeeds in establishing his case. What he primarily wants from the Court of Justice is the rel

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