Questions & Answers
The procedures of appealing a UAE court order in India
I had some credit card loans unsettled when I left the UAE 7 years ago, but promptly, I was paying instalments when I was there.
Now if the UAE bank brings the civil case verdict to India (now the verdict can be executed in India), can I go for appeal in the higher courts of India against this verdict which was issued in the UAE, because this verdict had been given in my absence?
So I need a fair trial again in India in the high court. Is it possible?
Hi,
You may challenge a UAE court order, that will be executed in India courts if it goes beyond the India Civil Procedure Code section 13:
When foreign judgment not conclusive — A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim to litigate under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
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