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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.

BANK OF BARODA vs KOTAK MAHINDRA BANK LTD. · Niyam