MESSER GRIESHEIM GMBH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GMBH) versus GOYAL MG GASES PVT. LTD.

Citation: [2022] 8 S.C.R. 93 · Decided: 28-01-2022 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
93
[2022] 8 S.C.R. 93
93
MESSER GRIESHEIM GmbH
(NOW CALLED AIR LIQUIDE DEUTSCHLAND GmbH)
v.
GOYAL MG GASES PVT. LTD.
(Civil Appeal No. 521 of 2022)
JANUARY 28, 2022
[AJAY RASTOGI AND ABHAY S. OKA, JJ.]
Code of Civil Procedure, 1908: s. 44A – Execution of decrees
passed by courts in reciprocating territory – Execution of money
decree (in excess of Rs.20 lakhs) of a foreign court which is notified
as a superior court of a reciprocating territory, namely United
Kingdom of Great Britain and North Ireland u/s. 44A – Single Judge
of the High Court allowed the execution, however, the Division
Bench held that the High Court not being the District Court in terms
of s. 44 A, not vested with the jurisdiction to entertain execution
petition and directed to be transferred to the court of District judge
– On appeal, held: Decree of the High Court of England would be
considered to be a decree of superior Court of a reciprocating
territory as defined u/s. 44A – On conjoint reading of the s. 2(4)
which defines ‘District” and the s. 44A which refers to the term
“District Court”, makes it clear that it refers to the local limits of
the jurisdiction of a principal civil Court of original jurisdiction
and it includes the local limits of the ordinary original civil
jurisdiction of a High Court – Where there is a split jurisdiction
based on its pecuniary value, the District Court or the High Court
in its ordinary original civil jurisdiction is competent to exercise
power for execution of decree, including money decree of the foreign
Court of reciprocating jurisdiction –Ordinary original civil
jurisdiction of the High Court is always exercised, based on
pecuniary limits – Once the pecuniary jurisdiction at the given point
of time exceeded Rs. 20 lakhs as notified by the High Court u/s.
5(2), the High Court holds its exclusive jurisdiction as ordinary
original civil jurisdiction to execute a foreign decree u/s. 44A –
Therefore, the judgment of the Division Bench quashed and set aside
– Delhi High Court Act, 1966 – s. 5(2).
A
B
C
D
E
F
G
H
94
SUPREME COURT REPORTS
[2022] 8 S.C.R.
Allowing the appeal, the Court
HELD: 1.1 So far as the expression “superior Court of any
reciprocating territory” as defined under Section 44A of the Code
is concerned, the judgment and decree has been passed by the
notified superior Court of the reciprocating territory, namely,
United Kingdom of Great Britain and Northern Ireland within
the meaning of Section 44A of the Code vide notification dated
1st March, 1953 issued by the Ministry of Law, thus it leaves no
doubt that the decree of the High Court of England would be
considered to be a decree of superior Court of a reciprocating
territory. [Para 23][103-A-B]
1.2 The expression ‘District” is defined under Section 2(4)
of the Code and the term “District Court” referred under Section
44A of the Code although not defined, but on conjoint reading of
the provision makes it clear that it refers to the local limits of the
jurisdiction of a principal civil Court of original jurisdiction
(provisions of the Code called a “District Court”) and it includes
the local limits of the ordinary original civil jurisdiction of a High
Court and it is not disputed that principal civil Court of original
jurisdiction is normally a District Court (with whatever change in
the nomenclature) and the High Courts in India exercising
ordinary original civil jurisdiction are not too many, but where
there is a split jurisdiction based on its pecuniary value, notified
from time to time, the District Court or the High Court in its
ordinary original civil jurisdiction is competent to exercise power
for execution of decree, including money decree of the foreign
Court of reciprocating jurisdiction, provided other conditions are
complied with as contemplated under Section 44A of the Code.
[Para 25][105-C-F]
1.3 Section 44A provides for execution of decrees passed
by the foreign Courts in reciprocating territories. It, inter alia,
stipulates that where a certified copy of a decree of any of the
superior Court of any reciprocating territory has been filed in a
District Court, the decree may be executed in India as if it had
been passed by a District Court. Together with the certified copy
of the decree, a certificate from such superior court is to be filed
stating the extent, if any, to which the decree has been satisfied
A
B
C
D
E
F
G
H
95
or adjusted. Such a certificate is the conclusive proof of the extent
of such satisfaction or adju

Excerpt shown. Read the full judgment & AI analysis in Lexace.