Supreme Court of India · 2020-03-17
BANK OF BARODA vs KOTAK MAHINDRA BANK LTD.
- Citation / case number
- SC 2015/6422
- Court
- Supreme Court of India
- Petitioner
- BANK OF BARODA
- Respondent
- KOTAK MAHINDRA BANK LTD.
- Author
- HON'BLE MR. JUSTICE DEEPAK GUPTA
- Bench
- HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE DEEPAK GUPTA
Judgment text excerpt
The Supreme Court addressed the limitation period for filing an execution petition for a foreign decree from a reciprocating country, specifically under Section 44A and Order 21 Rule 3 of the Code of Civil Procedure, 1908. The Court upheld the lower courts' decisions that Article 136 of the Limitation Act, 1963 applies, requiring the execution petition to be filed within 12 years of the decree. Consequently, the execution petition filed by the Bank of Baroda was dismissed as time-barred, affirming the High Court's ruling.