The High Court of Karnataka has delivered a significant judgement, stating that an order passed by a foreign court cannot be executed in India if it is not conclusive and lacks merits.
The ruling came as a result of a civil revision petition filed by the Karnataka State Road Transport Corporation (KSRTC).
The case revolves around Nigel Roderick Lloyd Harradine and his wife Carol Ann Harradine, residents of Surrey, United Kingdom. The couple visited India in 2002, and on March 18 of the same year, they were involved in a car accident with a KSRTC bus while travelling from Mysuru to Gundlupet.
Following the accident, the couple filed a claim before the Exeter County Court in the United Kingdom, which awarded them costs/damages amounting to around £52,000. Subsequently, they sought to execute the UK court's order in India by approaching the Bengaluru court.
In August 2012, an order of attachment was passed, and the KSRTC's application to contest the execution was rejected. The KSRTC argued that the foreign court's judgment and decree lacked jurisdiction and failed to adhere to recognized Indian or international law.
Justice H P Sandesh, in his observation, referred to the International Woollen Mills case, where the Apex Court emphasized that a judgment passed without considering evidence or based solely on the absence of the defendant may not be considered one based on the merits of the case.
The Karnataka High Court ruled in favour of KSRTC, highlighting that the foreign court's order lacked merits and did not follow the principles of natural justice. It further noted that the executing court in Bengaluru erroneously invoked Section 44 of the Code of Civil Procedure (CPC) and failed to accompany the certified copy of the judgment as required by Section 44A (1) and (2) of the CPC.
The court emphasized that notice was given and received through an advocate, and KSRTC had submitted a reply, which, however, was not considered in the foreign court's order.
As a result of the High Court's decision, the execution petition filed by the British couple was ruled not executable in India. This ruling underscores the importance of ensuring that foreign court orders seeking enforcement in India adhere to the principles of natural justice and are based on merits.
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