https://www.taxtmi.com/caselaws?id=106420 The legal fiction in Section 44A of the Code of Civil Procedure was treated as extending to the consequences necessary to make a foreign decree executable in India, so its execution could proceed before the Debts Recovery Tribunal rather than only in a civil court. The Tribunal's exclusive jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, together with its overriding effect and procedural powers, supported this forum change. The Tribunal could also entertain the defences available under the applicable procedural framework. The execution was therefore upheld before the Tribunal, and the challenge failed. en-us Fri, 02 Aug 2002 00:00:00 +0530 Wed, 14 Mar 2012 11:21:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106420 The legal fiction in Section 44A of the Code of Civil Procedure was treated as extending to the consequences necessary to make a foreign decree executable in India, so its execution could proceed before the Debts Recovery Tribunal rather than only in a civil court. The Tribunal's exclusive jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, together with its overriding effect and procedural powers, supported this forum change. The Tribunal could also entertain the defences available under the applicable procedural framework. The execution was therefore upheld before the Tribunal, and the challenge failed. Case-Laws Companies Law Fri, 02 Aug 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106420