Supreme Court of India
Bank of Baroda v. Kotak Mahindra Bank Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that Article 136 is to apply then the period of limitation in case of any foreign decree would be 12 years regardless of the limitation which may be prevalent in the country where the decree was passed, i.e., the cause country.
Judgment, page 13
From the headnote
Limitation Act, 1963 – Arts. 136 and 137 – Executing a decree passed by a foreign court (from a reciprocating country) in India – Period of limitation for – Held: The limitation period for executing a decree passed by a foreign court (from a reciprocating country) in India will be the limitation prescribed in the reciprocating foreign country – However, this will be subject to the decree being executable in terms of s.13 of the CPC.…
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.