Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 31 October 2026
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Supreme Court of India 2022-01-28 allowed

MESSER GRIESHEIM GmbH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GmbH) vs GOYAL MG GASES PVT. LTD

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

A foreign decree holder sought execution of a £5.8+ million decree from an English court in the Delhi High Court. The High Court's Division Bench held only District Courts could execute foreign decrees under Section 44A of the CPC, but the Supreme Court reversed this. The Court held that the expression 'District Court' in Section 44A must include the High Court's ordinary original civil jurisdiction where the decree's value exceeds the notified pecuniary limit. Since execution is a continuation of proceedings, the court with ordinary original jurisdiction to try a suit of that value is competent to execute the foreign decree, subject to statutory exceptions.

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Civil Procedure Execution of Decrees Foreign Judgments Jurisdiction High Court

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