Articles 10th May 2022

A problem of unrealised decrees

Authors

Naresh Thacker Partner | Mumbai
Samarth Saxena Senior Associate | Mumbai

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Naresh Thacker, Partner and Samarth Saxena, Associate at Economic Laws Practice (ELP) have co-authored an article for Financial Express (India) titled ‘A Problem of Unrealised Decrees’.

In their article Naresh and Samarth bring to light the difficulties faced by a decree-holder in reaping the fruits of the litigation. This sentiment was first echoed by the Privy Council in 1872 and has most recently been reiterated by the Supreme Court in 2022 in Air Liquide Deutschland GmbH v. Goyal MG Gases (P) Ltd. The article further talks about the pendency of execution proceedings. The authors discuss the dilemma governing the enforcement of awards even if pronounced within the timelines stipulated under the 1996 Act. Concluding the article, the authors are of the opinion that the courts should expedite the rate of disposal of cases, more particularly execution/enforcement proceedings. Changes need to be incorporated for simplification and streamlining of the law on enforcement proceedings.

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