Articles 10th May 2022

A problem of unrealised decrees

Authors

Samarth SaxenaSenior Associate | Mumbai

Latest Thought Leadership

Alerts & Updates 19th Jun 2026

Power of the Central Government to call for information under the DPDP Act

Read More
Investment Funds
Alerts & Updates 18th Jun 2026

Variable Capital Company Fund Structures in the DIFC Singapore Mauritius and GIFT-IFSC – A Comparison

Read More
Alerts & Updates 17th Jun 2026

New SEBI Rules for Retention of Proceeds and ‘Inoperative Fund’ Status for AIFs

Read More
Newsletter/Booklets 16th Jun 2026

Market Matters – The Antitrust Brief – May 2026

Read More

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.

Read More

Privacy Policy

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.