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 decr ee passed by a for eign cour t (from a r eciprocating countr y) in India – Period of limitation for – Held: The limitation period for executing a decr ee passed by a for eign cour t (fr om a r eciprocating countr y) in India will be the limitation pr escribed in the r eciprocating foreign country – However , this will be subject to the decr ee being executable in terms of s.13 of the CPC. Code of Civil Pr ocedure, 1908 – s. 44A – Limitation Act, 1963 – s.44A indicates period of limitation to execute the for eign decr ee or not –
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