IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J
BNP PARIBAS SUISSE SA – Appellant
Versus
ASHOK KUMAR GOEL – Respondent
| Table of Content |
|---|
| 1. clarification of cause and forum countries. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against the maintainability of the execution petition. (Para 7 , 8) |
| 3. judicial analysis of execution decree validity. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
Before delving into the issue at hand, it is necessary to clarify the terminology that shall be employed throughout this judgment. The term “cause country” shall refer to the country in which the decree sought to be enforced was originally passed in this case, the United Arab Emirates (“UAE”). Correspondingly, the term “forum country” shall denote the country in which execution of the said decree is now sought in this case, India.
2. The seminal question that arises for consideration is whether a decree passed by a court in a reciprocating territory, namely the UAE, can be simultaneously executed both in the cause country i.e UAE and in the forum country, i.e., India. This issue becomes particularly significant in light of the objections raised by the Judgment Debtors as well as the existence of assets belonging to the Judgment Debtors within the jurisdiction of this Court.
3. The captioned
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