As the first phase, the application for legal assistance for the execution of a decree shall be carried out through the Ministry of Justice in UAE, with the ensuing documents duly authenticated by the Ministry of Justice:

• An official copy of the decree.
• A certificate certifying that the decree is final and enforceable unless an equivalent is provided within the decree itself.
• A certificate from the court indicating the extent (if any) to which the decree has been satisfied and/or adjusted.

In the case of a decree in absentia, a certified true copy of the summons or any other record showing that the defendant was duly notified with the summons.

Legal copies in a proper executable form, if the application is only for the enforcement of the decree.

English translation of the decree

The Final adjudication from a UAE court, together with other pertinent documents, ought to be passed for execution in Indian Courts only after the duly attestation from the relevant departments in UAE. The Judgment ought to be legally translated to the Arabic language and both the original (in Arabic) and English translated true copy must be attested from Foreign Affairs, Ministry of Justice, and finally from the Indian Consulate.
Secondly, we file the legal suit in the respective District Court and the court issues a preventive injunction order on the absconded debtor’s assets without their knowledge as the initial step (time frame for injunction 1 – 3 months) and then summoning the debtor for a hearing to assess his objection grounds on the said case. Finally, failing to establish the legal grounds and the counterpoints from the debtor side in the court reasons to have a judgment of permanent attachment on his/her properties and consequent action of the auction to retrieve the money from the debtor against creditor’s claim. Meticulously, civil law in India allows and provides satisfactory measures to safeguard the interest of creditors at the admission stage of the Execution Petition itself by granting an injunction order on debtors’ assets.

Just in case, the debtor’s assets are transferred beforehand to any other party in an evil intention and in expectation of any kinds of civil/commercial cases against him, those transactions will be annulled by the court and will be attached temporarily by an injunction unless and until the case is over. Other coercive measures including arrest could be enforced if the assets had been transferred beforehand with a bad intention to someone to get away from the legal proceeding of the creditors.

“LSME” has a widespread network of associate legal firms in all districts of all major cities and in every nook and corner of the country. All these Lawyers and legal firms are well experienced and familiar with the civil laws and very much aware of the court procedures with regards to the new amendment.

Moreover, we have a team of private investigators and retired police officers for investigating the assets of the debtors in India, from all the parts, which saves us from all the hassles, obstacles, and unwanted delays. We always propose our clients have a check on debtors’ assets and their history before launching any litigation process against the debtor as litigation against any bankrupt debtor is absolutely pointless and nothing other than keeping the debtor in jail for a certain period.

Prior to initiating any legal step or during the legal process, our debt collection wing tries to collect the amount through an amicable out of the court settlement by meeting the debtor personally and educating and convincing him of the adverse consequences of the civil suit. Nevertheless, if the debtor is not convinced of the pros and cons in the beginning stage, probably use to get panic once the injunction order he receives from the court. Without much delay, in all likelihood, the debtor will reach our doorsteps to negotiate a settlement plan, which saves our litigation cost and legal time.

Our service starts with an analysis of the court judgment and preliminary consultation with the creditor, which is absolutely free of cost. Henceforth we do handle all the PRO services for the legalization of UAE court judgment and other pertinent documents for the execution of the judgment in the respective District court in India.

1. the first and foremost step we do is running a scan report on the assets of the debtor to know whether the litigation is worth recovering assets from him or not. If we find assets in his name, then we can either start the legal steps against him or start a negotiation prior with the debtor.
2. Upon the receipt of legalized attested judgment and the pertinent documents of the case in UAE, our associates file the execution suit against the debtor on your behalf in the court in his jurisdiction and acquire an injunction order immediately on his assets.
3. Prior to any legal action, right after running a scan on his assets, our Debt Recovery team tries to bring the debtor into a negotiation table for an out-of-court settlement by convincing them of the pros and cons of the execution suit. Out of this, 60% falls into a settlement plan with the debtors before initiating any legal steps and 80% comes to a settlement right after getting an injunction order against the debtor.

If the case is not settled out of court or amicably then there’s no other option left than to start the litigation. In compliance with the litigation process, we charge the fees only on the successful realization of your claim but basic costs and court fees have to be paid as and when necessary

The Indian Courts can deny executing the UAE judgment if the judgment falls foul of any of the ensuing in Section 13 of the CPC:

• Where it has not been decided by a Court of competent jurisdiction;
• Where it was not decided on the merits of the case;
• Cases where it is found prima facie to be based on an incorrect view of
  International law go unrecognized of the law of India in which such law is applicable;
• Where the activities in which the judgment was attained are opposed to natural justice;
• Where it has been attained by fraud;
• Where it supports a claim based on a breach of any law in force in India

As per rule 2(e), of Civil Rules of Practice, he can file an objection in execution court in India. “Execution Petition” means here as a petition to the court for execution of any order or decree.

Subject to which Indian Court the execution petition is filed prior, there could be 2 to 3 levels of appeal and a potential further appeal to the Supreme Court. There will be no automatic stay on the execution of the UAE judgment in such event of an appeal to the higher Courts in India. The party appealing will have to request a stay on the execution. Hence once a UAE creditor attains a first instance execution verdict from the Indian Court, they can continue to enforce it in India unless and until the Court ordered a stay on the execution.