Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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4. Results: Answers
Enforcement of Foreign Judgments
Enforcing the foreign judgment
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?

Answer ... The foreign judgment may be executed in the same way as a decree passed by the local court (Section 44A of the Code of Civil Procedure). The court may order execution of a decree:

  • by delivery of any property specifically decreed;
  • by attachment of sale or by sale without attachment of any property;
  • by arrest and detention in prison;
  • by approving a receiver; or
  • in such other manner as the nature of the relief granted may require.

Further, the executing court may direct the judgement debtor to deposit the decretal amount in the court and subsequently direct remittance to the decree holder (Section 51 of the Code of Civil Procedure).

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
Can the foreign judgment be enforced against third parties?

Answer ... As the principles of agency and alter ego cannot be applied to enforce a foreign judgment against a person other than the named judgment debtor, or a party which has not been represented in the proceedings, enforcement against a third party is highly unlikely under the Code of Civil Procedure. However, if a third party is holding the property owned by the defendant against whom enforcement of judgment is sought, the court may pass an order of attachment and issue mandatory injunction compelling the third party to make the property available for the disposal of the proceeding.

For more information about this answer please contact: Imran Anwar from Tanjib Alam and Associates
Enforcement of Foreign Judgments