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Supreme Court of India 2016-12-09

Alcon Electronics Pvt. Ltd vs Celem S.A. of FOS 34320 Roujan, France & Anr

Bench: 2 — N.V. Ramana

In Brief

Alcon Electronics (appellant) challenged execution of a cost order by English Patent Court before Indian courts. The English Court had ordered Alcon to pay costs (£12,229.75) after dismissing its application challenging the Court's jurisdiction. The Supreme Court held that the English order was a judgment on merits conclusive under CPC Section 13 and executable as a "decree" under Section 44A. The Court rejected the argument that costs were excluded from execution and upheld recognition of 8% interest per UK Judgments Act 1838. The execution petition was maintainable, and the appeal was dismissed with costs.

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Civil Procedure Execution of Foreign Decrees International Comity Costs and Interest Enforcement of Judgments

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