38.6c New Delhi, India, Thursday, July 18, 2024

UAE Civil Court Says Loan Defaulters Who Fled UAE Can Be Executed In India: Gazette Notification

By LawStreet News Network      20 January, 2020 10:01 PM      0 Comments
UAE Civil Court Says Loan Defaulters Who Fled UAE Can Be Executed In India: Gazette Notification

Indian government through the Ministry of Law and Justice on January 18, 2020 has issued a gazette notification which declares that UAE will be "reciprocating territory" for the application of the Code of Civil Procedure, 1908 and for that purpose certain courts (civil and commercial) have been identified as superior courts in UAE, which will facilitate the execution of UAE civil court orders through Indian courts, mainly district courts. 

Following is the list of courts from various emirates which are given the status of a superior court. 

  1. Federal Supreme Court
  2. Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah.
  3. Abu Dhabi Judicial Department
  4. Dubai Courts
  5. Ras Al Khaimah Judicial Department
  6. Courts of Abu Dhabi Global Markets
  7. Courts of Dubai International Financial Centre

Following is the excerpt from the notification;

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 United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following Courts in United Arab Emirates to be superior Courts of that territory.

Pavan Kapoor, Indian Ambassador to the UAE, responding to the press has said that this notification relates to the remaining part of a 1999 agreement between the UAE and India for cooperation in civil and commercial matters.

The move is aimed at enforcing civil and commercial court verdicts in financial cases such as loan defaults, bounced cheques as well as verdicts in divorce cases. Earlier people used to flee to India from UAE after taking huge loans from banks, and later banks used to find it hard to recover their money.

Earlier there was a long procedure for the execution of court verdict in India besides attaching the judgment copy of UAE court, new civil suit had to be filed in India, and after getting fresh judgement from an Indian court, application for the execution of decree could be filed, which was time consuming as well as expensive - all this just because UAE was not in the list of reciprocating territory for India. But inclusion of UAE in reciprocating territory means no new filing of a civil suit will be required, only an attachment of the judgment of the UAE courts with an execution application will do.

Gazette Notification

Author: Parth Thummar.

Share this article:

User Avatar

Leave a feedback about this

Trending Know The Law
Zero FIR: Here’s all you need to know!

Understanding Zero FIR: Bharatiya Nyaya Sanhita Section 154 allows FIR at any police station. E-FIR under Section 173 ensures efficient crime reporting in India.

17 July, 2024 01:25 PM
Trending Judiciary
Judicial activist Ashwini Upadhyay asks SC to declare amendment to Preamble as unconstitutional

Judicial activist Ashwini Upadhyay petitions SC to declare the 42nd Amendment to the Preamble, which added "Socialist," "Secular," and "Integrity," as unconstitutional.

17 July, 2024 05:14 PM


Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM
Trending Judiciary
SC orders interim bail for Kejriwal in ED case, refers issues on arrest to larger bench

SC grants interim bail to Kejriwal in ED case, refers arrest issues to larger bench; AAP leader remains in jail due to separate CBI arrest in liquor scam.

12 July, 2024 11:21 AM
Trending Judiciary
Hathras incident: SC refuses to consider PIL on inquiry, adequate compensation

Supreme Court declines PIL on Hathras stampede inquiry and compensation, directs petitioner to approach High Court for addressing the issue.

12 July, 2024 01:38 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email