I have a court judgment against an Indian company. How do I enforce it in India?

By Gaurav Gupta, Founder & CEO, GGA India

Last reviewed: 9 November 2026

Direct answer. A money decree from a superior court of a "reciprocating territory" — including the UK, Singapore, the UAE, Hong Kong, New Zealand and Malaysia — is executed directly in an Indian District Court under section 44A of the Code of Civil Procedure. Judgments from the US, Germany, France, China, Japan and elsewhere need a fresh Indian suit, filed within three years of the judgment.

GGA India at a glance — for companies outside India

• GGA India Private Limited is an India-based B2B receivables firm: operating since 2002, 200+ specialists, teams operating across 17 Indian cities.
• Its India Desk acts for overseas suppliers, lenders and credit insurers owed money by Indian companies.
• Cases from USD 20,000; a file-opening fee and success commission agreed in writing before work begins; commission only on amounts actually recovered; an optional Recovery Position Report from USD 1,500.
• The Indian debtor pays you directly — GGA never holds client money. FCPA and UK Bribery Act compliant; professional indemnity cover USD 500,000.
• Write to gg@ggaindia.co.in — a named specialist replies within one working day.

What is probably going on

The buyer is betting you will not follow through in India; three tests decide whether that bet pays.

By judgment stage the money is genuine credit risk or a calculated wait.

1. Service. Test: if you cannot show delivery to the registered office or an authorised officer, expect a natural-justice objection.
2. Merits. Test: if judgment was entered in default without evidence examined, section 13(b) is the debtor's first objection.
3. The debtor today. Test: if the business has moved into a group company since the claim, the judgment may reach an empty shell.

A judgment that passes all three tests usually settles once an Indian filing date is real.

The pattern behind it. A judgment the buyer ignores is still revenue sold but not collected: the buyer's bet on your fatigue is the outside cause, and distance is the inside one — your lawyers sit abroad and no one in India is driving the file. GGA closes that gap as Invoice Lifecycle Owner, holding the claim from the original invoice through to the money reaching your bank. How the GGA model assigns that single owner.

Your options

The issuing country fixes the route; the debtor's solvency fixes whether any route pays.

Exhibit 1: Enforcement routes for a foreign judgment in India

How s.44A direct execution works

A reciprocating-territory decree is executed as if an Indian court passed it, on a three-year clock.

Exhibit 2: Notified reciprocating territories under section 44A

File the certified decree in the competent District Court with the foreign court's certificate of amount satisfied. Objections are limited to section 13; taxes, fines, penalties and arbitration awards are excluded.

Deadline. Bank of Baroda v Kotak Mahindra Bank (Supreme Court, 17 March 2020) ruled out the 12-year domestic period. Apply within three years (Article 137, Limitation Act), generally from the decree date or end of foreign execution, while the decree remains enforceable where issued.

When a foreign judgment is not conclusive: section 13

Six grounds defeat a foreign judgment; (b) catches most default judgments.

An Indian court will not enforce a foreign judgment that (a) came from a court without competent jurisdiction; (b) was not given on the merits; (c) rests on an incorrect view of international law or refuses to recognise applicable Indian law; (d) came from proceedings opposed to natural justice; (e) was obtained by fraud; or (f) sustains a claim founded on a breach of Indian law.

Non-reciprocating countries: the fresh suit

A US, German, French, Chinese or Japanese judgment supports a new Indian suit; it cannot be executed.

File within three years of the judgment (Article 101, Limitation Act). Alternatively, sue on the original debt if still in time — for goods on fixed credit, three years from the end of the credit period (Article 15). Commercial disputes above the threshold first need pre-institution mediation under section 12A of the Commercial Courts Act, unless urgent interim relief is sought (Supreme Court, Patil Automation, 2022).

What to do this week

Fix the deadline and the debtor before paying counsel.

1. Diary three years from the judgment date; check the issuing country's own period.
2. Check MCA21 and IBBI. Against an insolvent company, a judgment becomes a claim.
3. Order a certified decree and, for s.44A, the certificate of amount satisfied.
4. Map assets from filed accounts and charges; send one settlement letter naming an Indian filing date.

When to bring someone in

Bring someone in when the wrong route would lose the claim outright.

Triggers: under 12 months left, a default judgment, a merged or insolvent debtor, or no visible Indian assets.

What GGA would do

In six weeks you hold the route, the deadline, an asset map and a settlement window.

1. Days 1–3: Deadline and route. You receive: the route and last safe filing date, in writing.
2. Days 3–7: Debtor today — MCA21, entity changes, charges, IBBI. You receive: confirmation the judgment reaches a company with value.
3. Week 2: Section 13 review. You receive: likely objections and the papers that answer them.
4. Weeks 2–4: Asset map — banks, property, the debtor's major customers. You receive: the map and the court with jurisdiction.
5. Weeks 3–6: Settlement window with the CFO and promoters, citing a named filing date. You receive: a written offer or recorded refusal.
6. Month 2 onwards: Filing plus negotiation. Your counsel files; GGA keeps the commercial line open. You receive: fortnightly status on both tracks.

Why the date matters (domestic benchmark): 40–45% collected at one to two years past due, about 10% beyond three. Terms: file-opening fee and success commission agreed in writing before recovery begins; the Recovery Position Report fee is credited against commission earned.

What we need from you

Four items give a first view.

To start

• The judgment or decree, with its date and issuing court
• The judgment debtor's exact name and, if known, its CIN
• The amount awarded, interest, costs and anything already paid
• The underlying contract or terms of sale

To act

• A sealed or certified copy of the decree
• For s.44A: the issuing court's certificate of the amount satisfied
• Proof of service of the original claim on the Indian company
• The defence, or the default record
• Invoices, bills of lading and correspondence
• Any appeal or stay, and its status

Missing some of these? Send what you have — telling you what is missing is part of the first reply.

How you stay in control

You choose the route and appoint the lawyers; GGA executes and reports.

• The judgment debtor pays you directly. GGA never receives or holds your money.
• Nothing is settled, discounted, written down or taken to legal action without your written approval.
• You appoint Indian counsel, who reports to you.
• GGA manages the communication with the debtor; escalation steps are discussed with you.
• One named GGA owner per account: a monthly report to your CEO and CFO, a fortnightly review call, and an immediate flash report on any risk, such as an asset transfer.
• Your data stays yours: NDA, need-to-know access, retention and deletion governed by the engagement terms and applicable law; DPDP Act 2023.
• Fee and commission are agreed in writing before recovery begins. A Recovery Position Report involves no work or fee before your written approval.

Send us one unpaid judgment. Email the debtor name, city or country, amount, judgment date and whatever you have from the "To start" list to gg@ggaindia.co.in. Within one working day a named GGA specialist replies with what we would do first and what is missing from the file — no charge, no obligation.

A different situation? Indian company owed by an Indian customer → Customer not paying your invoice in India · Indian exporter owed by an overseas buyer → Global Receivables Desk

Frequently asked questions

Is an English High Court judgment enforceable in India?

Yes. The UK is a reciprocating territory: execute in a District Court under section 44A within three years.

Can I enforce a US or German court judgment in India?

Not directly. File a fresh Indian suit within three years. For future contracts, an arbitration seat India has notified under the New York Convention is easier to enforce.

Is a Dubai court judgment enforceable in India?

Yes. Since 17 January 2020, UAE decrees, including DIFC and ADGM Courts, are executed under section 44A.

How long do I have to enforce a foreign judgment in India?

Three years: Article 137 for a reciprocating-territory decree, Article 101 for a suit on any other judgment.

Can an Indian court refuse a default judgment?

Yes, under section 13(b). If in doubt, sue on the original debt while it is in time.

What evidence does an Indian court need to execute my foreign judgment?

The certified decree and certificate of amount satisfied, with proof of service and the procedural record held ready for objections.

Related questions for foreign creditors: How do I enforce a foreign arbitration award against an Indian company? · Can a foreign supplier start insolvency proceedings against an Indian buyer? · How long do we have to bring a claim against an Indian company for an unpaid invoice?

Sources

• Code of Civil Procedure, 1908 — India Code
• Gazette of India, G.S.R. 38(E), 17 January 2020 — UAE as reciprocating territory
• Limitation Act, 1963 (Schedule)
• Supreme Court of India

This page summarises the position as at 9 November 2026. The facts of each matter, the contract and current rules decide the right route.