Delhi High Court|Monday, 23 February 2026
Delhi HC Upholds Enforcement of Foreign Decree in Peter Beck vs Prakash Industries
Bench
AB
Amit Bansal
Amit Bansal
Delhi HC Upholds Enforcement of Foreign Decree in Peter Beck vs Prakash Industries (2026) held that The Delhi High Court held that violations of FEMA do not prevent the execution of a foreign decree, as these issues are compliance-related and do not affect the enforceability of the judgment.
This case involves an execution petition filed by Peter Beck und Partner against Prakash Industries for the enforcement of a foreign decree issued by the English Court, which found Prakash Industries in default of payments related to Foreign Currency Convertible Bonds (FCCBs). Prakash Industries contested the execution on grounds of alleged violations of the Foreign Exchange Management Act (FEMA). The Delhi High Court ultimately ruled in favor of Peter Beck, allowing the execution of the foreign decree, stating that FEMA violations do not bar the enforcement of a foreign judgment. The court emphasized that the English Court had jurisdiction and that the decree was enforceable under Indian law.
The Delhi High Court held that violations of FEMA do not prevent the execution of a foreign decree, as these issues are compliance-related and do not affect the enforceability of the judgment.
The court ruled that the English Court had jurisdiction over the matter, and its judgment became final as Prakash Industries did not appeal against it.
The court clarified that the interest awarded by the English Court was within permissible limits under the RBI's guidelines, thus validating the decree's terms.
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Ancillary order issued by the English Court
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RBI approval for FCCBs obtained
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Final judgment delivered by the Delhi High Court
