Court issues notice in execution plea by Byjus Alpha Inc. and holds that a foreign order directing payment of costs can qualify as an executable decree if supported by the required certificate.
The Delhi High Court has taken up an execution petition filed by Byjus Alpha Inc. seeking enforcement in India of a foreign order passed by the Dubai International Financial Centre (DIFC) Courts, which directed judgment debtor Riju Ravindran to pay USD 8,40,000 towards costs.
Justice Manoj Jain, hearing EX.P. 77/2026, noted that the decree holder has invoked Section 44A of the Civil Procedure Code, 1908, along with Order XXI Rules 11(2) and 12 and Section 151 CPC, to seek execution of the foreign order dated 23 January 2026.
According to the petition, the DIFC Courts order arose in proceedings involving two claims said to be pending before that court. The foreign court had directed Ravindran to pay approximately 60% of the claimant’s estimated costs on account, within 14 days.
The decree holder argued that the foreign costs order is in the nature of a decree and is therefore executable in India. Counsel relied on a penal notice issued by the DIFC Courts on 8 September 2026, which stated that the order was final and executory. It was contended that this satisfies the requirement under Section 44A(2) CPC, which requires a certificate from the superior court stating the extent, if any, to which the decree has been satisfied or adjusted.
The petitioner also cited recent judicial precedents, including Fimbank P.L.C. v. Rajeev Suresh Bhatia and Discovery Drilling Pte Limited v. Parmod Kumar, in support of the maintainability of the execution petition.
Appearing on advance notice, counsel for the judgment debtor opposed the petition and reserved all rights and contentions, while seeking time to file a reply. The High Court granted three weeks for filing the reply and one additional week for rejoinder, if any.
The Court also entertained two connected interim applications. In one application under Order XXI Rule 41(2) read with Section 151 CPC and another under Order XXXIX Rules 1 and 2 read with Section 151 CPC, notice was issued through all permissible modes. In a further application under Order XXI Rules 46 and 12 read with Sections 60 and 151 CPC, the Resolution Professional of Think and Learn Private Limited was also impleaded as a respondent. The Court directed that replies be filed within three weeks, with rejoinders within one further week.
The matter has now been listed for further hearing on 23 November 2026.
Bottom Line :
Enforcement of foreign decrees under Section 44A of the Civil Procedure Code, 1908 - A foreign order directing payment of costs can be treated as a decree and is executable in India, provided it is accompanied by a certificate from the superior court stating the extent, if any, to which the decree has been satisfied or adjusted.
Statutory provision(s): Section 44A CPC, Order XXI Rule 11(2) CPC, Order XXI Rule 12 CPC, Section 151 CPC, Order XXI Rule 41(2) CPC, Order XXXIX Rules 1 and 2 CPC, Order XXI Rules 46 and 12 CPC, Section 60 CPC
Byjus Alpha Inc v. Riju Ravindran, (Delhi) : Law Finder Doc id # 2987703
