Monday, January 20, 2020

U.A.E Civil Verdicts can be Executed in India

U.A.E Civil Verdicts can be Executed in India
India on January 18 issued a gazette notification declaring the UAE as a "reciprocating territory" for the Code of Civil Procedure and identifying the superior courts here, thereby facilitating the execution of UAE civil court orders through Indian courts.

The Indian Ministry of Law and Justice on January 18 published the notification, dated January 17, in the official gazette.

“In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares the United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following Courts in the United Arab Emirates to be superior Courts of that territory,” the notification reads.

The UAE had given effect to the treaty by publishing it in the Federal Gazette pursuant to Federal Decree No. 33 of 2000, according to a 2018 Guidance Note signed by DIFC with Nishith Desai Associates, covering enforcement of civil and commercial judgments through DIFC Courts and the Courts of India.

It said though the ratification of the agreement was exchanged in 2000, the treaty could not be fully implemented as the UAE could not be defined as a “reciprocating territory” for the execution of UAE judgments in India without India’s notification in its Official Gazette to give effect to the treaty.

This move would help in the enforcement of civil and commercial court verdicts in financial cases such as loan defaults, bounced cheques as well as verdicts in divorce cases.

This will be a big warning to those who flee to India after taking huge loans from banks. Earlier, most of the banks and individuals found it difficult to recover their money if the accused had fled to India.
Now, the Verdict holder can approach the district courts in India directly seeking execution of the UAE court orders after due process of attestation of documents.

List of UAE courts whose verdicts can be executed in India
  •     Federal Supreme Court
  •     Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah.
  •     Abu Dhabi Judicial Department
  •     Dubai Courts
  •     Ras Al Khaimah Judicial Department
  •     Courts of Abu Dhabi Global Markets
  •     Courts of Dubai International Financial Centre


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