Orders / Judgements enforceability -Agreement Italy / India
S. Srinivasa Prasad
(Querist) 02 August 2010
This query is : Resolved
Dear Seniors,
(I am from HR Department) My issue is :
1. our's is an MNC. It entered into an agreement with Italy for supply of certain material.
2. Italy supplied sub standard material.
3. We addressed letter informing them about the quality of material.
4. Now Italy is going to sue our company for recovery of money.
My requirement :
A. whether the orders / judgements passed in Italy are enforceable in India.
B. Whether Italy and India are signatories to any Treaty. more particulatry about enforcement of orders / judgents passed in Italy to be enforced in India.
Please give me the details of any such Treaty or applicable source of informaton from where i can get the above details.
Thanks & regards,
Srinivasa Prasad.
Raj Kumar Makkad
(Expert) 02 August 2010
A. It depends upon the terms and conditions settled between u and the company of Italy. In general, the place for suing exists in Italy as well as India.
B. Yes. Italy and India are signatories to the treaty hence the decree passed therein can also be enforced in India.
You cn get such information from the official website of Ministry of Foreign affairs Govt. of India or from the Library of Apex Court.
Raj Kumar Makkad
(Expert) 02 August 2010
You can also visit Embassy of Italy for this purpose and get the authentic information and its copies.
S. Srinivasa Prasad
(Querist) 02 August 2010
Sir,
Thank you for the information.
Regards,
Srinivas.
Daksh
(Expert) 02 August 2010
Raj,
Which treaty you are referring to:
Daksh
masood ausaf
(Expert) 03 August 2010
As per information provided by you, the goods were supplied by the Italy and the goods were received in India the cause of action accrued for the recovery suit both in Italy and the India. As per Law the the suit can be filed where defendant resides or is having its business or where cause of action accrued. In this case as your firm is in India as well as the goods arrived in India the suit can be filed in India and on the other side the goods were sent from Italy and the price was also paid there the suit can be filed in Italy. With regard to enforcement of foreign decrees it is stated that in case the Italy has the treaty with India (which can be checked from Indian foreign office) the Execution of the decree can be done in India by the Indian Courts however in case it has no treaty a separate suit will have to be filed in India for the said purpose by the Italian firm.
