Foreign Judgment Without Fair Opportunity to Defend, Unenforceable in India: Supreme Court

The Supreme Court held that a foreign judgment rendered through summary proceedings without a meaningful opportunity to defend is unenforceable in India under Section 13 of the Code of Civil Procedure (CPC).

The Bench dismissed an appeal for the execution of an English Court decree, noting that the dispute involved contested facts and triable issues requiring a full trial.

The Court emphasized that summary adjudication in the face of significant documentary evidence violates principles of natural justice.

Clarifying that while prior RBI permission is not needed to initiate legal proceedings, it is mandatory before enforcing a decree involving foreign exchange. 

[Messer Griesheim GmbH v. Goyal MG Gases Pvt. Ltd.]