Decrees passed the below-mentioned courts in the UAE will now be allowed to be executed in India.
Central Government in the exercise of the powers conferred by Explanation 1 to Section 44-A of Code of Civil Procedure, 1908 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, namely:-
(1) Federal Court-
(a) Federal Supreme Court;
(b) Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah;
(2) Local Courts-
(a) Abu Dhabi Judicial Department;
(b) Dubai Courts;
(c) Ras Al Khaimah Judicial Department;
(d) Courts of Abu Dhabi Global Markets;
(e) Courts of Dubai International Financial Center.
What does Section 44-A talk about?
Execution of decrees passed by Courts in reciprocating territory.— (1) Where a certified copy of a decree of any of the superior courts 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 the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of Section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the court that the decree falls within any of the exceptions specified in clauses (a) to (f) of Section 13.
Explanation 1 of Section 44-A
“Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior courts”, with reference to any such territory, means such Courts as may be specified in the said notification.
Ministry of Law and Justice
[Notification dt. 17-01-2020]
This is of no consequence! The laws of the UAE are so backward and outdated, they wont be compatible with Indian Law, and hence non-executable!
Article III sec 2. of the Agreement clearly says: “The service of summons and other judicial documents shall be effected in accordance with the procedure provided for in the laws of the Requested State, or by a particular method desired by the Requesting State, unless such a method is incompatible with the law of the Requested State.”
Financial defaults are treated as civil matter in the progressive Indian jurisprudence, whereas the predatory backward kingdom’s laws criminalises them. Most of the judgements issued in the kingdom’s courts will not pass scrutiny under Indian laws!
(http://legalaffairs.gov.in/agreement-between-republic-india-and-uae-0)
This is of no consequence! The laws of the UAE are so backward and outdated, they wont be compatible with Indian Law, and hence non-executable!
Article III sec 2. clearly says: “The service of summons and other judicial documents shall be effected in accordance with the procedure provided for in the laws of the Requested State, or by a particular method desired by the Requesting State, unless such a method is incompatible with the law of the Requested State.”
Financial defaults are treated as civil matter in the progressive Indian jurisprudence, whereas the predatory backward kingdom’s laws criminalises them. Most of the judgements issued in the kingdom’s courts will not pass scrutiny under Indian laws!