At Astrea legal we provide state of art infrastructure to facilitate arbitration process, which includes:

Administrative Support Services:

• Continuous and dedicated Arbitration Proceeding Management assistance
• Brief Preparation
• Research facilities & library.
• Administrative and Secretarial Services
• A proceeding, Meeting, Conferencing Rooms
• Elegant, fully-furnished offices with 100% power back
• Fully networked space, with structured cabling to allow convenient location of workstations
• Interpreter service
• Panel of Arbitrators and Conciliators
• Panel of Lawyers/Experts/Commissioners
• Recording of Evidence through Video Conference Telephone, facsimile and Internet services.
• Transcription service.
• Multilingual trained staff and personalized attention ,, handling messages, couriers, faxes etc.
• Secretarial support in typing, data entry etc.
• Concierge Services including ticket bookings, hotel bookings, car rentals etc
• Copying, Printing and Scanning Services
• Black and White Photocopying
• Black and White scanning of documents
• Colour and Black & White Printing, Spiral / Ordinary binding, laminating

Communication Services:

• Fully automated EPABX System featuring conference calling, internal and external transfer and direct dialing facilities.
• High specification digital telephone with speed dial, speaker, group hunting, call pick up.
• Call answering options.
• Continuous system support.
• Regular updates on technology.
• Direct Lines on demand

Value Added Services:

• Call-center
• Videoconferencing
• Pantry Services
• Safe Deposit lockers
• Parking

                                                                Dispute Resolution at AAC                                              

As growing number of disputes there is need to have some alternative way for the purpose of settlement of dispute and i.e. arbitration conciliation etc . It is less Costly, time-consuming business disputes can take a real bite out of your company’s bottom line. That’s why more and more companies are turning to the Arbitration, in dispute resolution in India. AAC is the one resource for all your dispute resolutions needs.

In most of the industrialized countries, central or national arbitral organizations have been established which provide facilities for arbitration of commercial disputes. They enjoy unique prestige and confidence of the trade and industry. In India, the Astrea Arbitration centre is set up by Astrea Legal Service. The Astrea Legal Associates LLP has always aspired for the perfection through its qualified staff and lawyers and now the AAC as the new area will follow the same path. The Astrea Legal Associates LLP has long been recognized as one of the foremost legal service provider in multiple areas of legal practices and henceforth has taken the initiative by establishing the Astrea Arbitration Centre which is an emerging International and Domestic arbitral organization.

       What Is AAC?

          The Astrea Arbitration Center is set up by Astrea Legal Services, LLP which is a full service law firm. Astrea Legal Services, LLP has long been recognized as one of the foremost legal service provider in multiple areas of legal practices and henceforth has taken the initiative by establishing the Astrea Arbitration Center which is an emerging International and Domestic arbitral organization.

 In most of the industrialized countries, arbitral organizations have been established which provide facilities for arbitration for speedy resolution of commercial disputes. They enjoy unique prestige and confidence of the trade and industry. Arbitration often allows you to resolve disputes more quickly and cheaply than by going to court. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct or compensate you for it. That’s why more and more domestic and international companies are turning to Arbitration, in dispute resolution globally.

The AAC is a dispute resolution centre governed as per the AAC Rules and Regulations 2012 and as per the International Arbitration and Indian Arbitration Act,1996. It provides for settlement of various disputes arising out of agreements or contracts. The AAC acts as a platform for the companies to resolve their disputes. AAC deals with disputes arising out of almost all the industries.

The AAC is an administrative and facilitation center which provides arbitral services, for disputes arising out of the widest range of commercial contracts.

“Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration and conciliation Act 1996 and the award made in pursuance thereof shall be binding on the parties.”

               SUBJECTS WITHIN THE PURVIEW OF ARBITRATION

The matters which can be resolved by arbitration are wide and varied. AAC will provide arbitration services for resolution of disputes arising in the following industries:

1. Information Technology (I.T.)
2. Banking
3. Insurance
4. Construction & Real Estate
5. Oil and gas exploration
6. Pharmaceuticals & Biotechnology
7. Maritime & shipping and other industries Etc.
8. Telecommunication
9. Pharmaceutical and Health care

      10. Mining and Metals

      11. Agriculture

      12. Chemical

      13. Media and Entertainment

      14. Aviation

      15. Education

      16. Automobile

      17. Tourism and Hospitality

      18.  Outsourcing Disputes

      19. Retail… Etc.

      20. All Industrial disputes

      21. Labour & Employment & Industrial disputes

      22. Distributorship, Franchisee, agency and intermediary contracts.

      23. Intellectual property Rights.

     24. Joint venture agreements.

     25. Export & Import disputes.

     26.  All other disputes arising out of contracts.

  As per general practice, matters involving moral questions, questions of public law cannot be referred to arbitration  such as:

1. Matrimonial matters
2. Insolvency matters
3. Criminal offences
4. Dissolution/ winding up of a company, etc.

All matters can be settled between the parties by way of Arbitration unless barred by law.

               LEGALITY & IMPACT OF ARBITRATION AWARD

According to S.36 of the Arbitration and Conciliation Act 1996, arbitration award is binding on the parties when the time has been expired of making the application to set aside the award. The Award is binding on the parties when it is passed by Arbitral Tribunal. The award is considered in the same manner as if it were a decree of court.

New York convention on Enforcement of foreign arbitral award 1958 , entered into force on 7 June 1959 aims to ensure that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. Indian became a signatory to Convention and passed legislation in 1960.

ADVANTAGES OF ARBITRATION AGAINST LITIGATION

Following are some of he advantages as against litigation-

1. Cost efficient: arbitration can be cheaper and more flexible for businesses

1. Speedy & Short term proceeding: arbitration is often faster than litigation in court and in most legal systems there are very limited avenues for appeal of an arbitral award, which is sometimes an advantage because it limits the duration of the dispute and any associated liability.
2. No language barrier:in arbitral proceedings the language of arbitration may be chosen, whereas in judicial proceedings the official language of the country of the competent court will be automatically applied
3. Expertise:when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot “choose the judge” in litigation)
4. Confidentiality:arbitral proceedings and an arbitral award are generally non-public, and can be made confidential.
5. Enforceability:because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce in other nations than court judgments.
6.   Flexibility & Convenience: The parties can choose their own  rules or procedure.

How Do We Select Our Arbitrators/Lawyers/ Experts?

• The panel of arbitrators is selected on the basis of their experience in the different area of practices in the matters involved in arbitration. Our Panel includes senior lawyers, consultants, experts, details of the arbitrators are provided to the applicant as per the nature of disputes.
• Arbitrators are divided into 3 categories We provide Arbitrators with
1. with 30 years’ experience
2. with 15 years’ experience
3. with 10 years’ experience.                                                                                                                                                                                                                                                                                                                                                                                           

                                  FACILITIES AT AAC

At Astrea legal we provide state of art infrastructure to facilitate arbitration process which includes:

Administrative Support Services:

• Arbitration Proceeding Management
• Brief Preparation
• Research facilities & library.
• Administrative and Secretarial Services
• A proceeding Hall
• Interpreter service
• Panel of Arbitrators and Conciliators
• Panel of Lawyers/Experts/Commissioners
• Recording of Evidence through Video Conference Telephone, facsimile and internet services.
• Transcription service.

• Meeting, Conferencing
• Continuous and dedicated administrative assistance
• Multilingual trained staff and personalized attention to all clients, handling messages, couriers, faxes etc.
• Secretarial support in typing, data entry etc.
• Concierge Services including ticket bookings, hotel bookings, car rentals, flower arrangements etc
• Elegant, fully-furnished offices with 100% power back
• Fully networked space, with structured cabling to allow convenient location of workstations
• Copying ,Printing and Scanning Services
• Black and White Photocopying
• Black and White scanning of documents
• Colour and Black & White Printing, Spiral / Ordinary binding, laminating

Communication Services:

• Fully automated EPABX System featuring conference calling, internal and external transfer and direct dialing facilities.
• High specification digital telephone with speed dial, speaker, group hunting, call pick up.
• Call answering options.
• Continuous system support.
• Regular updates on technology.
• Direct Lines on demand

Value Added Services:

• Call-center
• Videoconferencing
• Pantry Services
• Safe Deposit lockers
• Parking

(2)   BENIFITS AT AAC

1. Multiple options of expert lawyers and range of specialized arbitrators selected on the basis of strict selection process.

2.  Availability of state of the art infrastructure and facilities at AAC.

3. Convenient dates will be provided to parties.

4. The entire dispute can be resolved in minimum time period.

5. The single window payment for entire arbitration proceeding.

6. The Companies having more than 100 employees are highly beneficial by placing dispute at AAC which help to reduce cost.

HOW TO PAY at A.A.C?

1. The AAC shall evaluate the possible cost of the arbitration proceeding etc. depending on the nature and demand of the dispute.

2. Fees structures shall be applicable as per the fee schedule provided along with the AAC rules 2012.

3. The applicants shall pay the charges for entire proceeding as per the agreed terms which covers, cost of arbitrator, defense, Research, Traveling, Accommodation, etc. to the Centre.

4. Matter if not assessable by its valuation, in that event Group of Convener shall determine the valuation after case filing and submit for applicants’ approval.

 Parties who use the Centre can be confident in the quality and neutrality of the dispute resolution process. We welcome all participants, international and domestic.

INTELLECTUAL PROPERTY DUE DILLIGENCE
IN
ACQUISITION OF TECHNOLOGICAL COMPANIES

INTRODUCTION OF IP DUE DILLIGENCE:-

The purpose of due diligence is to give the acquirer a better understanding of the business of Target (owner of IP) and the commitments and liabilities associated with that business, and to analyze the problem area in more depth.
The review conducted by the acquirer in an acquisition often is compared to the due diligence investigation conducted by an underwriter and its counsel in a securities offering.
An IPR Due Diligence is a valuation of a company’s intellectual assets in situations of start-up or merger and acquisition (M&A). The valuation has a qualitative and quantitative nature, where the qualitative part is an assessment
of the strength of the IP rights, and the quantitative part is an estimate of the market value of the IP rights.
PURPOSE OF DUE DILLIGENCE :-
Intellectual property due diligence focuses on the Target’s intellectual property assets and involves two main inquiries-
1. What is the strength of the Target’s intellectual property portfolio?
2. What are the potential liabilities associated with the Target’s continued and proposed business.
OBJECTIVES OF INTELLECTUAL PROPERTY DUE DILIGENCE:-
Due diligence has meaning only in the context of a particular transaction. The acquirer’s objective and sophisticated and the type of transaction, the scope of Target’s representations and warranties, and the viability of acquirer’s remedies for breaches of those representations and warranties will dictate the nature and the extent of the IP due diligence for a particular transaction.

IDENTIFICATION OF INTELLECTUAL PROPERTY ASSETS:-
Acquirer should obtain the following documents and information as a part of its intellectual property due diligence. Intellectual property due diligence will usually begin with a request for documents –
A. Review of limitation on the Target’s Intellectual Property Assets.
B. Are any of the intellectual property assets owned jointly with one or more third parties?
C. Are there any royalty obligations associated with any intellectual property licenses?
D. Are the intellectual property licenses assignable by the Target?
There are different kind of documents/information are required for the proper due diligence of the Intellectual property for that purpose the IP i.e. Patent, Trademark, Copyright etc. have required different documents/information’s that are described below:-

PATENTS :-
1. A list of all patents, utility and design, (both India and foreign) which are issued and applied for, together with copies of such patents and patent applications. The list should include the following information for each issued patent or pending patent application:-
a. Patent number
b. Inventors names
c. Date of application:-
d. Date of issue for issued patents. The term of protection for Indian patents generally ends 20 years from the application date.
e. Prior owner, if any, and how the patent was acquired by Target.
f. Have any assignments been properly recorded so that an accurate chain of title exists? Get copies of recorded assignments.
g. Country ( if foreign) .
h. Presence or absence of any security interests.
i. Have all required maintenance fees been paid?
i)Patent rights can lapse if government fees are not paid on a timely basis.
ii) In the U.S. these fees are called “maintenance fees’’ and are due 3-1/2, 7-1/2, and 11-1/2 years after the issuance of the patent.
iii) In the most other countries these fees are called “annuities” and are typically annual fees.
j. Has the Target taken any actions which could have created either a laches or equitable estoppels problem for the Targets in enforcing its own patent against a potential infringer?
k. Is this a “Key patent?” who was the inventor, and is the investor still employed by Target?
2. Is the Target aware of any potential blocking patents?
3. Has the target received any letters asserting that the Target is infringing any third party patent rights?
- It may be appropriate to obtain a patent infringement analysis or a patent validity analysis for certain important Target products or technologies.
- The fact that a product or process is patented does not mean that it cannot or does not infringe other patents. Patented technologies frequently do infringe other patents. Remember that a patent only gives the right to exclude others from exercising the patented technology.
4. In appropriate circumstances, an opinion letter from Target’s patent counsel regarding validity, infringement and other matters should be required.
5. Identify Target’s procedures for identifying and protecting inventions including procedures for identifying whether to file for patent protection, and if so in what counties, and for ensuring the timeliness of patent filings.
6. Has the Target enforced its patents in the past and, if so, how?
7. Has Target conducted any searches or analyses of competitors patent?
8. Are there any imminent bar dates or disclosures of new products that require new filings to avoid loss of rights?

TRADEMARKS:-
1. A list of all trademarks which are issued and applied for, together with copies any such trademark registrations and applications. The list should include the following information for each registered trademark or trademark applications.
a. Trademark numbers.
b. Class in which the trademark is or will be registered and whether the trademark is registered on the primary or secondary register.
c. Date of application.
d. Date of issue for registered trademark.
e. Prior owner, if any, and how the trademark was acquired by Target.
f. Have any assignments been properly recorded so that an accurate chain of title exists?
- Proper recording of transfers in the title are important because a purchase for value and because subsequent filings with the PTO which may be necessary to preserve the registration will not be accepted from any party which is not the record owner of the trademark.

g. Country (if foreign). Note that in most foreign jurisdiction trademark rights are acquired almost exclusive through local registration rather through use of the mark.
h. Presence or absence of any security interests.
i. Have all the Target conducted any searches of the trademark?
j. Has the Target conducted any searches of the trademark?
k. Is Target (owner of mark) using trademark in the same form and for the same product line as registered?
l. Has the trademark been abandoned?
- The period of non-use (ranging, in various jurisdictions, from three to five years) creates a rebuttable presumption that the trademark has been abandoned.
m. Determine the products on which each trademark is used actual usage with registered marks.

2. Has the Target taken any actins to monitor and enforce its trademarks and to prevent misuse of its trademarks by others?
- Trade mark protection can be lost if the trademark becomes general. Trademark protection can be lost if the trademark owner fails to file an affidavit of continued use between the fifth and sixth years after registration in the US, of fails to renew the trademark registration.
4. Has the target granted any licenses to its trademarks?
-All trademarks must be under the control of a single entity which supervises the quality of all products using the trademark. If Target granted a “naked” license to the trademark (one in which there is no provision of quality control), the Targets ownership of the trademark may be at risk.
5. Identify any products that are not covered by registered trademarks.

6. Has there been any non use of any Target trademarks? If so, which marks and for what periods of time?

7. Identify any products that are not covered by registered trademarks.

8. Has Target enforced its trademarks in the past?

9. What is Target’s policy for applying trademark notices to its products?

10. Does Target conducted trademark clearance? Does Target have any clearance procedures an any results or opinions?

11. Has Target registered any Internet domain names? If so, please list.

COPYRIGHTS:-
Because a copyright exits in all original works of authorship as soon as they are reduced to a tangible medium of expression, it will typically be impossible for a Target to list all of its copyrights. The Target should list all registered copyrights (but registration is not a prerequisite to protection any many companies do not register copyrights until there is litigation), copyrights in any of its products, an any other significant copyrighted works.

1. As to each such copyright, the Target should provide the following information:

a. Registration number, if copyright is registered.
b. Date of issue , if copyright is registered.
c. Due date of first publication, or if the work has not been published , date of creation.
d. Each author of a work may be a joint owner of work of the copy right.
e. Prior owner, if any and how the copyright was acquired by Target?
f. Have any assignments been properly recorded so that an accurate chain of title exits?
g. Most foreign countries do not require registration of copyrights.
h. For older copyright registrations, determine whether renewals have been obtained.
i. Presence or absence of any security interest.
j. Has the target included a copyright notice on each copy of the copyrighted work which it has distributed?
2. Has the Target granted any licenses to its copyrights?

3. Has the Target received any letters asserting the Target is infringing any third party copyright rights?

TRADE SECRETS:-

1. The continued value of trade secret information will depend on hw well the Target and its employees have protected the information. As a result, an investigation must be conducted as to the practices and procedures used by the Target to protect its own trade secrets and the trade secrets received from third parties in confidence.

2. Steps to maintain secrecy include:-
a. Internal security procedure
b. Disclosure to employees.
c. Disclosure to outsiders.
3. Determine whether the Target has granted any licenses to its trade secrets.
4. Identify Target’s documents retention policies and procedures.
5. What is the Target’s email policy?

REVIEW OF AGREEMENTS:-
Documents which are customarily reviewed as a pat of intellectual property due diligence includes such as all “license in” agreements for technology which is used by the Target in the course of its business, Distribution and sales representative agreement, any agreements with third party contractors etc. can be reviewed by council.

REVIEW OF INTELLECTUAL PROPERTY LITIGATION:-
Acquirer will want the Target to identify all litigation brought by or against Target during the past five years, whether currently pending or previously disposed of, in addition to any outstanding claims related to Target’s IP assets or any of the IP agreements identified by Target. Therefore Target should identify the IP litigations to know the nature of claim, Money value of the claim, any likelihood of an injunction preventing use of equipment etc.
The acquirer should take proper care while taking IP assets he can also get copies of any outstanding judgment, decrees or settlement agreements to which the Target is party.
In addition to requesting information form Target related to security interests, Acquirer should order UCC(Uniform Commercial Code) and federal searches to ascertain whether there are any mortgages or liens on the Target’s intellectual property.
INTERRELATIONSHIP WITH OTHER ASPECTS OF THE TRANSACTIONS:-
As result of the IP due diligence, Acquirer may ask the Target to make additional representations and warranties concerning certain matters such as list of all patents (jurisdiction in which issued), list of all application’s , list of registered copyrights etc. However, certain misrepresentations, such as lack of valid title to a key intellectual property asset, cannot be cured by money. Conversely, certain problems may never be discovered during due diligence and can only be addressed through adequate representation and warranties (eg. A claim of patent infringement that is brought six months after the closing). Intellectual property representation and warranties frequently survive for a longer periods than other representation and warranties.

HOW CAN ASTREA LEGAL HELPS:-
Astrea Legal Associates has the necessary expertise in-house to solve IPR due diligence on start-up companies, Mergers and acquisition, technological companies, public research institution, but since IPR Due diligence on exit-companies is very complex and work-intensive, it is performed together with M&A –specialist with other areas of expertise. (like C.S. etc.)
For further information please contact our Associate K.narayan of our firm by email knarayan@astrealegal.com to receive more information about this subject.
CONCLUSION :-
Intellectual Property due diligence generally provides vital information specific to future benefits, economic life and ownership rights and the limitations of the assets all of which affects final value. Therefore due diligence is prerequisite to the valuation process, regardless of the methodology used.
The increased profile, frequency, and value of intellectual property related transactions have elevated the need for all legal and financial professionals and IP owner to have thorough understanding of the assessment and the valuation of these assets, and their role in commercial transaction.

Associate
BBA, LL.B II
Email: knarayan@astrealegal.com
Office: Pune, India

Working as an associate with the firm since June 2011 under Prospective Law student trainee program. His area of interest is Arbitration and conciliation, Banking Regulations, Intellectual Property Rights. Also made a statute analysis of Food Safety and Standard Act,2006.
Contributes various articles such as on Banking laws, FSSAI (Food Safety and Standard authority of India),Valuation of IPR, Intellectual property due diligence in acquisition of technology companies.

Associate
LL.B, LL.M (Intellectual Property Rights)
Email: abhijeet.desai@astrealegal.com
Office: Mumbai, India.

LL.M, Intellectual Property Rights,University of Southampton, United Kingdom.Practicing as an Advocate in the Original and Appellate side of the Mumbai High Court. Contested variety of Civil, Criminal, Constitutional, Arbitration and Company Law matters. Also appeared before the CAT, MAT, DRT, and DRAT AND COMPANY Law Board. Constitution, Intellectual Property Rights, Service Law, Arbitration, Shipping, Income Tax, Drafting and Pleading

Consultant
B.Com,LL.B,Company Secretary
Email: sagar@astrealegal.com
Office: Pune, India.
Sagar has a Broad-based legal expertise, including experience in Company law, FEMA Laws, Excise Laws, Custom Laws, Securities Laws, Competition Laws, Mergers & Takeover, Arbitration, managing legal activities for the organization, Experience of drafting various agreements, Notices, Notice reply relating to Corporate Laws. He has joined the law firm as an Associate Advocate.

Versatile experience in Legal drafting and providing legal opinion regarding various issues and agreements. Statutory compliance of Various Companies related to shop Act, Contract labour Regulation Act, Provident Fund, Employee State Insurance, Bonus Act, Labour Welfare Act
Specialization: Bonus Act, Maternity benefit Act, Minimum Wages Act, Labour welfare Act, Contract Labour Act, Contract labour Regulation Act, Provident Fund, Employee State Insurance, Bonus Act, Labour Welfare Act

Associate
B.Com,LL.B
Email: grahate@astrealegal.com
Office: Pune, India.

Versatile experience in Real Estate,Sale,Co-operative law, Housing,Legal drafting. Provides legal opinion on complex legal issues and agreements.
Specialization: Family Laws, Contract , Transfer of property, Government agency, Revenue.

Associate
B.Com. LL.B, LL.M.
ashutosh@astrealegal.com
Office: Ranchi India
Civil, Corporate, Criminal, Real Estate, Family matter, Government, Revenue, Employment, Contract, Drafting, Real Estate Performance of Contract, Commercial Transaction, Land Acquisition, Banking & Finance, Arbitration & Dispute Resolution, Industrial & labor, Agency, License & Registration, Energy & Electricity, Lease & licenses, Mortgage, Sale deed, Partnership, Hypothecation, Exchange, Indemnity, Assignment, Power of Attorney, Will & Probate, Notice, Affidavit, Receipt, Contracts & Agreement, Real Estate documents.

1. Mode of Enforcement of Foreign Judgments
A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by:
1 .Instituting a suit on such judgment; or
2. By instituting execution proceedings.
A foreign judgment may be enforced by instituting a suit on such foreign judgment. The general principle of law is that any decision by a foreign court, tribunal or quasi-judicial authority is not enforceable by a country, unless such decision is embodied in a decree of a court of that country. A suit on a foreign judgment must be filed within a period of three years from the date of the judgment.

1. Under S. 44A of the CPC, a decree of any of the Superior Courts of any reciprocating territory are executable as a decree passed by the domestic Court. Therefore in case the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India. In case the decree pertains to a country which is not a reciprocating territory then a fresh suit will have to be filed in India on the basis of such a decree or judgment, which may be construed as a cause of action for the said suit. In the fresh suit, the said decree will be treated as another piece of evidence against the defendant.
However in both cases the decree has to pass the test of S. 13 CPC which specifies certain exceptions under which the foreign judgment becomes inconclusive and is therefore not executable or enforceable in India.

Case law
1. In the case of R.M.V. Vellachi Achi v. R.M.A. Ramanathan Chettiar, AIR 1973 Mad. 141, it was alleged by the respondent that since he was not a subject of the foreign country, and that he had not submitted to the jurisdiction of the Foreign Court (Singapore Court), the decree could not be executed in India. The Appellant, in defense of this argument, stated that the Respondent was a partner of a firm which was doing business in Singapore and had instituted various suits in the Singapore Courts. Therefore, the Appellant argued, that the Respondent had accepted the Singapore Courts jurisdiction. The Court held that it was the firm which had accepted the jurisdiction of the foreign Court and the Respondent, in an individual capacity, had not accepted the jurisdiction. This was one of the reasons for which the High Court held that the decree against the Respondent was not executable.

2. The High Court in the above case had referred to a decision of the Madras High Court in the case of Ramanathan Chettiar v. Kalimuthu Pillai AIR 1914 Mad. 556, which lays down the circumstances when the foreign courts would have jurisdiction under this Section. The circumstances mentioned are as follows:

a) Where the person is a subject of the foreign country in which the judgment has been obtained against him on prior occasions.
b) Where he is a resident in foreign country when the action is commenced.
c) Where a person selects the foreign Court as the forum for taking action in the capacity of a plaintiff, in which forum he is sued later.
d) Where the party on summons voluntarily appears
e) Where by an agreement a person has contracted to submit himself to the forum in which the judgment is obtained.
2. Thus India’s Code of Civil Procedure, 1908 (Code) provides the statutory framework for the enforcement of judgments and the execution of decrees passed by competent courts in foreign countries. Under Section 44-A of the Code, a judgement-creditor with a certified copy of a foreign judgment can apply to an Indian district court for enforcement of the judgement as if it were passed by the district court itself. The application must be filed under Order XXI of the Code within three years of obtaining the judgment from a foreign court, as held by the Bombay High Court in the case of Algemene Bank Nederalnd vs SD Choksi, AIR 1990 Bom 170.
3. To be enforceable in India, foreign judgments must be passed by superior courts in reciprocating territories notified in the official gazette by the Government of India (GOI). The Supreme Court held in the case of Moloji Nar Singh Rao vs Shankar Saran AIR 1962 SC 1737 that a foreign judgment which does not arise from the order of a superior court of a reciprocating territory cannot be executed in India. It ruled that a fresh suit will have to be filed in India on the basis of the foreign judgement.
4. India’s courts also recognize and enforce ex-parte foreign judgments. In the case of Sivagaminatha vs Natraja AIR Mad 385, the Madras High Court held that the decree of a foreign court passed ex-parte would be binding, provided the evidence was taken and the decision was based on consideration of the evidence.
5. To avoid procedural delays, a judgment-creditor must ensure that an application for enforcement of a foreign judgment is filed before a court of competent jurisdiction and all parties necessary for its enforcement in India are made part of the proceedings.
6. Also, before making an application to enforce the judgment, the judgment-creditor should ascertain the assets of the judgment-debtor and the rights of third parties vested in those assets.
7. Our case falls under section 39 sub-clause b of cpc that is
39. Transfer of decree.

(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court 1[of competent jurisdiction]
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) If such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court.

The foreign judgment/ decree which can be executed could only be for payment of a sum of money and cannot be for an immovable property. The claim of money which is passed in a foreign currency could provisionally be claimed in Indian rupees converted at the rate prevailing on the institution of the proceedings.
It is manifestly clear that a foreign judgment and decree in India can only be executed if the same is passed by the courts of reciprocating territory and should pass the seven tests as laid down in Section 13 of the Code of Civil Procedure, 1908.